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Copyrighted and Published 
by Lewis ton Printing &f binding Co. 
1913 



f 



Laws and Regulations 



Relating to 



Indians and Their Lands 




Compiled by 
OSCAR H. LIPPS 
Supervisor U. S. Indian Service 




{F>, PI A Q A R A Q 



FOREWORD 



ALLOTTING lands in severalty to Indians and opening 
the reservations to settlement, has during the past 
few years, almost completely changed conditions 
which previously prevailed on the various Indian reservations 
throughout the western country. Where formerly the Indian 
pursued his old occupations of hunting and fishing for a liveli- 
hood, he now finds himself, in many instances, surrounded by 
white neighbors who, either by homestead entry on surplus lands, 
by purchase of inherited or non-competent allotments, or by 
the lease of allotments, have invaded his domain, built towns and 
railroads, established homes and schools, and introduced the pro- 
gressive and complex civilization of the superior and more 
powerful white race. 

With this new order of things has come the necessity for 
laws and regulations governing the administration of Indian 
affairs, designed to safeguard the interests of the Indians and 
protect them against the cupidity of those who would take ad- 
vantage of their ignorance and weakness on the one hand, and 
to promote their welfare, civilization and the development of 
their country on the other. These laws and regulations are 
numerous and are found scattered through a multitude of books, 
pamphlets, circulars, etc., and are not readily accessible to the 
general public. 

Lack of knowledge of the laws and the regulations of the 
Department governing Indian lands, the proceeds derived from 
the lease and sale of such lands, etc., has, in a great many in- 
stances, resulted in getting honest persons into serious trouble. 
Innocent third parties have been made to sutler, and titles to 
valuable lands have been clouded, retarding in some instances 
the development of entire communities. 

While the compilation of the information contained in the fol- 
lowing pages was made primarily for personal use in connection 
with official duties, the publication is the result of a desire to 
place in the hands of persons doing business with Indians the 



more important laws and regulations governing Indian affairs 
with the hope of abating, if possible, the growing complications 
resulting in many instances, it is believed, from a lack of definite 
and reliable information as to the legal status of tlv Indian and 
his lands, and the consequent failure to observe the rules and 
regulations of the Department in regard thereto. 

It is believed that in this little manual will be found information 
of interest and value to all those who may wish to lease, or pur- 
chase Indian allotments, or secure rights of way through them, 
and to those who may have occasion to do business with the 
Indians themselves. It may also prove an instructive handbook 
for the Indians as many of them, especially those of the younger 
generations, are educated and capable of interpreting its contents. 
Until something better takes it place it may even be found a con- 
venient reference manual for Superintendents of Indian Agen- 
cies, Attorneys, and others whose business or profession may call 
at times for information it contains. 

O. H. L. 



DEPARTMENT OF JUSTICE 



OFFICE OF UNITED STATES ATTORNEY 

DISTRICT OF IDAHO 
BOISE 



January 13. 1913. 

I have carefully examined the manual compiled by Oscar H. 
Lipps, Supervisor United States Indian Service, concerning thq 
laws and regulations relating to Indians and their lands, and 
have no hesitancy in commending the same as a valuable refer- 
ence guide to anyone having business relations with the Indians, 
or who is interested in the legal status of the Indian to the State, 
and Nation. The laws and regulations most commonly in use 
are set forth with clearness and precision and cannot but be 
helpful to those interested. 

C. H. LlNGEXFELTER, 

United States Attorney for the 
District of Idaho. 



CONTENTS 



PART 1 
Laws and Regulations 

PAGE 

Act Providing for Determining the Heirs of Deceased Indians 28 
Act Providing for the Disposition and Sale of Allotments of 

Deceased Indians 28-29 

Amendment to the General Allotment Act Approved Feb. 

28, 1891 20 

Amendment to the General Allotment Act Approved May 8, 

1906 2 3 

Amendment to the General Allotment Act Approved June 

25, 1910 25-27 

Amendment to Regulations Governing Applications for Right 
of Way, the Construction of Railroads, Telephone Lines, 

etc., Across Indian Lands 51 

Attorney's Contract With Indians 52 

Authority of Special Agents and Supervisors for Administer- 
ing Oaths 35 

Debts of Individual Indians 53 

Extracts from the Rules and Regulations Relating to Issuance 

of Patents in Fee and Sale of Inherited Indian Lands, etc.. 37 
Extracts from the Rules and Regulations to be Observed in 

the Execution of Leases on Indian Lands 44 

General Allotment Act Approved Feb. 8, 1887 15 

Indians May Dispose of Their Allotments by Will 29 

Indians May Surrender their Allotments 29 

Indian Allotments May be Leased for Five Years 30 

Indian Allotments or Proceeds of Lease or Sale thereof not 

Liable for Debts during Trust Period 32 

Indian Marriage to Whites 33 

Individual Indian Money 48 

Law Against Inducing Indians to Sign Deeds, etc 30 

Law Prohibiting the Cutting of Timber on Indian Lands. . . 30 



Law Prohibiting Leaving Burning Fires on Indian Lands . . 31 

Law Authorizing Sale of Timber on Indian Allotments 32 

Law Authorizing Sale of Timber on Tribal Lands 31 

Law Providing for Condemnation of Indian Lands for 

Public Use 34 

Law Providing for Sale of Non-competent Indian Lands ... 34 
Law Authorizing Issuance of Patents in Fee to Purchasers 

of Indian Allotments 35 

Laws Authorizing Leasing of Indian Allotments 43 

Public Roads Through Indian Lands 48 

Sale of Indian Allotments for Townsite Purposes 42 

Special Act Authorizing Nez Perce Indians to Lease 32 

Statutes of Limitations as to Indian Lands Sold 33 

Trust Period of Indian Allotments May be Extended 33 



PART 2 

Digest of Decisions Relating to Indian Affairs 

Agreement with Nez Perce Indians to prohibit the Introduc- 



tion and Sale of Liquor on Reservation for a Period of 

Twenty-five Years, Binding 64 

Allotting the Land Does Not Abolish the Reservation 62 

Congress and Not the Courts Must Determine How and 

When Guardianship Over the Indian Shall be Abandoned 66 

Indian Lands, Unlawful Occupancy Thereof 57 

Indian Allotments and Proceeds of Lease and Sale Thereof, 

Exempt from Taxation 58 

Indian Custom Adoption 63 

Indian Custom Marriage 63 

Indian Country Defined , 65 

Indians Allotted Under the Dawes Act Are Citizens and 

Electors 66 

Jurisdiction in Controversies Concerning Indian Allotments 

while the Same Are Held in Trust 59 



Jurisdiction of Crimes Committed on Indian Allotments 

While Same Are Held in Trust gO 

The Case of Crow Dog 64 

When the Tribal Organizations Cease 65 



PART 3 

Classified List of Nez Perce Indians 

List of Nez Perce Indian Allottees Who are Authorized to 
Manage and Make Contracts for Leasing Their Own 
Allotments _ 71-75 

Classified List of Nez Perce Indians with Reference to the 
Disposition of the Proceeds Derived from Leasing their 
Lands 76-91 



PART 1 



General Allotment Act and 
Amendments 



Act of February 8, 1887, (24 Stat. L. 388) 

AN ACT to provide for the allotment of lands in severalty to 
Indians on the various reservations, and to extend the pro- 
tection of the laws of the United States and the Territories 
over the Indians, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled (Section 1 
has been amended by the act of February 28, 1891, and by section 
17 of the act of June 25, 1910). That in all cases where any 
tribe or band of Indians has been, or shall hereafter be, located 
upon any reservation created for their use either by treaty stipu- 
lation or by virtue of an act of Congress or Executive order 
setting apart the same for their use, the President of the United 
States be, and he hereby is, authorized, whenever in his opinion 
any reservation or any part thereof of such Indians is advant- 
ageous for agricultural and grazing purposes, to cause said 
reservation, or any part thereof, to be surveyed, or resurveyed if 
necessary, and to allot the lands in said reservation in severalty 
to any Indian located thereon in quantities as follows: 

To each head of a family, one-quarter of a section ; 

To each single person over eighteen years of age, one-eighth 
of a section; 

To each orphan child under eighteen years of age, one-eighth 
of a section; and 

To each other single person under eighteen years now living, 
or who may be born prior to the date of the order of the President 
directing an allotment of the lands embraced in any reservation, 
one-sixteenth of a section: Provided, That in case there is not 
sufficient land in any of said reservations to allot lands to each 
individual of the classes above named in quantities as above pro- 
vided, the lands embraced in such reservation or reservations shall 
be allotted to each individual of each of said classes pro rata in 
accordance with the provisions of this act : And provided further. 



16 



LAWS AND REGULATIONS 



That where the treaty or act of Congress setting apart such 
reservation provides for the allotment of lands in severalty in 
quantities in excess of those herein provided the President, in 
making allotments upon such reservation, shall allot the lands to 
each individual Indian belonging thereon in quantity as specified 
in such treaty or act: And provided further, That when the lands 
allotted are only valuable for grazing purposes, an additional 
allotment of such grazing lands, in quantities as above provided; 
shall be made to each individual. 

Sec. 2. That all allotments set apart under the provisions of 
this act shall be selected by the Indians, heads of families selecting 
for their minor children, and the agents shall select for each orphan 
child, and in such manner as to embrace the improvements of the 
Indians making the selection. Where the improvements of two or 
more Indians have been made on the same legal subdivision of 
land, unless they shall otherwise agree, a provisional line may be 
run dividing said lands between them, and the amount to which 
each is entitled shall be equalized in the assignment of the re- 
mainder of the land to which they are entitled under this act: 
Provided, That if any one entitled to an allotment shall fail to 
make a selection within four years after the President shall direct 
that allotments may be made on a particular reservation, the 
Secretary of the Interior may direct the agent of such tribe or 
band, if such there be, and if there be no agent, then a special 
agent appointed for that purpose, to make a selection for such 
Indian, which selection shall be allotted as in cases where selec- 
tions are made by the Indians, and patents shall issue in like 
manner. 

Sec. 3. (This section has been amended by section 9 of the act 
of June 25, 1910; see page 17.) That the allotments provided for 
in this act shall be made by special agents appointed by the 
President for such purpose, and the agents in charge of the 
respective reservations on which the allotments are directed to 
be made, under such rules and regulations as the Secretary of 
the Interior may from time to time prescribe, and shall be certi- 
fied by such agents to the Commissioner of Indian Affairs, in 
duplicate, one copy to be retained in the Indian Office and the 
other to be transmitted to the Secretary of the Interior for his 
action, and to be deposited in the General Land Office. 

Sec. 4. (This section has been amended by section 17 of the 
act of June 25, 1910; see page 17.) That where any Indian not 
residing upon a reservation, or for whose tribe no reservation has 



INDIANS AND THEIR LANDS 



17 



been provided by treaty, act of Congress, or Executive order, 
shall make settlement upon any surveyed or unsurveyed lands of 
the United States not otherwise appropriated, he or she shall be 
entitled, upon application to the local land office for the district 
in which the lands are located, to have the same allotted to him 
or her, and to his or her children, in quantities and manner as 
provided in this act for Indians residing upon reservations; and 
when such settlement is made upon unsurveyed lands, the grant 
to such Indians shall be adjusted upon the survey of the lands so 
as to conform thereto ; and patents shall be issued to them for such 
lands in the manner and with the restrictions as herein provided. 
And the fees to which the officers of such local land office would 
have been entitled had such lands been entered under the general 
laws for the disposition of the public lands shall be paid to them, 
from any moneys in the Treasury of the United States not other- 
wise appropriated, upon a statement of an account in their behalf 
for such fees by the Commissioner of the General Land Office, 
and a certification of such account to the Secretary of the Treas- 
ury by the Secretary of the Interior. 

Sec. 5. That upon the approval of the allotments provided for 
in thi« act by the Secretary of the Interior, he shall cause patents 
to issue therefor in the name of the allottees, which patents shall 
be of the legal effect, and declare that the United States does and 
will hold the land thus allotted, for the period of twenty-five years, 
in trust for the sole use and benefit of the Indian to whom such 
allotment shall have been made, or, in case of his decease, of his 
heirs according to the laws of the State or Territory where such 
land is located, and that at the expiration of said period the United 
States will convey the same by patent to said Indian, or his heirs 
as aforesaid, in fee, discharged of said trust and free of all charge 
or incumbrance whatsoever : Provided, That the President of the 
United States may in any case in his discretion extend the period. 
And if any conveyance shall be made of the lands set apart and 
allotted as herein provided, or any contract made touching the 
same, before the expiration of the time above mentioned, such 
conveyance or contract shall be absolutely null and void: Pro- 
vided, That the law of descent and partition in force in the State 
or Territory where such lands are situate shall apply thereto after 
patents therefor have been executed and delivered, except as 
herein otherwise provided ; and the laws of the State of Kansas 
regulating the descent and partition of real estate shall, so far as 
practicable, apply to all lands in the Indian Territory which may 



18 



LAWS AND REGULATIONS 



be allotted in severalty under the provisions of this act: And 
provided further, That at any time after lands have been allotted 
to all the Indians of any tribe as herein provided, or sooner if in 
the opinion of the President it shall be for the best interests of 
said tribe, it shall be lawful for the Secretary of the Interior to 
negotiate with such Indian tribe for the purchase and release by 
said tribe, in conformity with the treaty or statute under which 
such reservation is held, of such portions of its reservations not 
allotted as such tribe shall, from time to time, consent to sell, on 
such terms and conditions as shall be considered just and equitable 
between the United States and said tribe of Indians, which pur- 
chase shall not be complete until ratified by Congress, and the 
form and manner of executing such release shall also be pre- 
scribed by Congress: Provided, however, That all lands 
adapted to agriculture, with or without irrigation so sold 
or released to the United States by any Indian tribe shall 
be held by the United States for the sole purpose of 
securing homes to actual settlers and shall be disposed of by the 
United States to actual and bona fide settlers only in tracts not 
exceeding one hundred and sixty acres to any one person, on such 
terms as Congress shall prescribe, subject to grants which Con- 
gress may make in aid of education : And provided further, That 
no patents shall issue therefor except to the person so taking the 
same as and for a homestead, or his heirs, and after the expira- 
tion of five years occupancy thereof as such homestead ; and any 
conveyance of said lands so taken as a homestead, or any contract 
touching the same, or lien thereon, created prior to the date of 
such patent, shall be null and void. And the sums agreed to be 
paid by the United States as purchase money for any portion of 
any such reservation shall be held in the Treasury of the United 
States for the sole use of the tribe or tribes of Indians ; to whom 
such reservations belonged ; and the same, with interest thereon at 
three per cent per annum, shall be at all times subject to appro- 
priation by Congress for the education and civilization of such 
tribe or tribes of Indians or the members thereof. The patents 
aforesaid shall be recorded in the General Land Office, and after- 
ward delivered, free of charge to the allottee entitled thereto. 
And if any religious society or other organization is now occupy- 
ing any of the public lands to which this act is applicable, for 
religious or educational work among the Indians, the Secretary 
of the Interior is hereby authorized to confirm such occupation 
to such society or organization, in quantity not exceeding one 



INDIANS AND THEIR LANDS 



19 



hundred and sixty acres in any one tract, so long as the same 
shall be so occupied, on such terms as he shall deem just; but 
nothing herein contained shall change or alter any claim of such 
society for religious or educational purposes heretofore granted 
by law. And hereafter in the employment of Indian police, or 
any other employees in the public service among any of the Indian 
tribes or bands affected by this act, and where Indians can per- 
form the duties required, those Indians who have availed them- 
selves of the provisions of this act and become citizens of the 
United States shall be preferred. 

Sec. 6. (This section has been amended by the act of May 8. 
1906; see page 15.) That upon the completion of said allotments 
and th^ patenting of the lands to said allottees, each and every 
member of the respective bands or tribes of Indians to whom 
allotments have been made shall have the benefit of and be sub- 
ject to the laws, both civil and criminal, of the State or Territory 
in which they may reside ; and no Territory shall pass or enforce 
any law denying any such Indian within its jurisdiction the equal 
protection of the law. And every Indian born within the terri- 
torial limits of the United States to whom allotments shall have 
been made under the provisions of this act, or under any law or 
treaty, and every Indian born within the territorial limits of the 
United States who has voluntarily taken up, within said limits, 
his residence separate and apart from any tribe of Indians there- 
in, and has adopted the habits of civilized life, is hereby declared 
to be a citizen of the United States, and is entitled to all the 
rights, privileges, and immunities of such citizens, whether said 
Indian has been or not, by birth or otherwise, a member of any 
tribe of Indians within the territorial limits of the United States 
without in any manner impairing or otherwise affecting the right 
of any such Indian to tribal or other property. 

Sec. 7. That in cases where the use of water for irrigation is 
necessary to render the lands within any Indian reservation avail- 
able for agricultural purposes, the Secretary of the Interior be, 
and he is hereby, authorized to prescribe such rules and regulations 
as he may deem necessary to secure a just and equal distribution 
thereof among the Indians residing upon any such reservations : 
and no other appropriation or grant of water by any riparian 
proprietor shall be authorized or permitted to the damage of any 
other riparian proprietor. 

Sec. 8. That the provisions of this act shall not extend to the 
territory occupied by the Cherokees, Creeks, Choctaws, Chicka- 



20 



LAWS AND REGULATIONS 



saws, Seminoles and Osage, Miamies and Peorias, and Sacs and 
Foxes, in the Indian Territory, nor to any of the reservations of 
the Seneca Nation of New York Indians in the State of New 
York, nor to that strip of territory in the State of Nebraska ad- 
joining the Sioux Nation on the south added by Executive order. 

Sec. 9. That for the purpose of making the surveys and re- 
surveys mentioned in section two of this act, there be, and hereby 
is appropriated, out of any moneys in the Treasury not other- 
wise appropriated, the sum of one hundred thousand dollars, to 
be repaid proportionately out of the proceeds of the sales of such 
land as may be acquired from the Indians under the provisions of 
this act. 

Sec. 10. That nothing in this act contained shall be so con- 
strued as to affect the right and power of Congress to grant the 
right of way through any lands granted to an Indian, or a tribe 
of Indians, for railroads or other highways, or telegraph lines, 
for the public use, or to condemn such lands to public uses, upon 
making just compensation. 

Sec. 11. That nothing in this act shall be so construed as to 
prevent the removal of the Southern Ute Indians from their 
present reservation in Southwestern Colorado to a new reserva- 
tion by and with the consent of a majority of the adult male 
members of said tribe. 

Approved, February 8, 1887. 



Act of February 28, 1891 (26 Stat. L., 794) 

AN ACT To amend and further extend the benefits of the act 
approved February eighth, eighteen hundred and eighty- 
seven, entitled "An act to provide for the allotment of land in 
severalty to Indians on the various reservations, and to ex- 
tend the protection of the laws of the United States over the 
Indians, and for other purposes." 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That sec- 
tion one of the act entitled "An act to provide for the allotment of 
lands in severalty to Indians on the various reservations, and to 
extend the protection of the laws of the United States and the 
Territories over the Indians, and for other purposes," approved 



INDIANS AND THEIR LANDS 



21 



February eighth, eighteen hundred and eight-seven, be, and the 
same is hereby, amended so as to read as follows : 

"Sec. L That in all cases where any tribe or band of Indians 
has been, or shall hereafter be, located upon any reservation 
created for their use, either by treaty stipulation or by virtue of an 
Act of Congress or Executive order setting apart the same for 
their use, the President of the United States be, and he hereby is, 
authorized, whenever in his opinion any reservation or any part 
thereof, of such Indians is advantageous for agricultural or 
grazing purposes, to cause said reservation, or any part thereof, 
to be surveyed, or resurveyed, if necessary, and to allot to each 
Indian located thereon one-eighth of a section of land : Provided, 
That in case there is not sufficient land in any of said reserva- 
tions to allot lands to each individual in quantity as above provided 
the land in such reservation or reservations shall be allotted to 
each individual pro rata, as near as may be, according to legal 
subdivisions : Provided further, That where the treaty or act of 
Congress setting apart such reservation provides for the allotment 
of lands in severalty to certain classes in quantity in excess of that 
herein provided the President, in making allotments upon such 
reservation, shall allot the land to each individual Indian of said 
classes belonging thereon in quantity as specified in such treaty 
or act, and to other Indians belonging thereon in quantity as 
herein provided : Provided further, That where existing agree- 
ments or laws provide for allotments in accordance with the pro- 
visions of said act of February eighth, eighteen hundred and 
eighty-seven, or in quantities substantially as therein provided, 
allotments may be made in quantity as specified in this act, with 
the consent of the Indians, expressed in such manner as the 
President, in his discretion, may require : And provided further, 
That when the lands allotted, or any legal subdivision thereof, are 
only valuable for grazing purposes, such lands shall be allotted 
in double quantities." 

Sec. 2. That where allotments have been made in whole or in 
part upon any reservation under the provisions of said act of 
February eighth, eighteen hundred and eighty-seven, and the 
quantity of land in such reservation is sufficient to give each 
member of the tribe eighty acres, such allotments shall be revised 
and equalized under the provisions of this act : Provided, That 
no al 1 otment heretofore approved by the Secretary of the Interior 
shall be reduced in quantity. 



22 



LAWS AND REGULATIONS 



Sec. 3. That whenever it shall be made to appear to the Secre- 
tary of the Interior that, by reason of age or other disability, any 
allottee under the provisions of said act or any other act or treaty 
can not personally and with benefit to himself occupy or improve 
his allotment or any part thereof the same may be leased upon 
such terms, regulations and conditions as shall be prescribed by 
such Secretary for a term not exceeding three years for farming 
or grazing or ten years for mining purposes: Provided, That 
where lands are occupied by Indians who have bought and paid 
for the same, and which lands are not needed for farming and 
agricultural purposes, and are not desired for individual allot- 
ments, the same may be leased by authority of the Council speak- 
ing for such Indians for a period not to exceed five years for 
grazing or ten years for mining purposes in such quantities and 
upon such terms and conditions as the agent in charge of such 
reservation may recommend, subject to the approval of the Sec- 
retary of the Interior. 

Sec. 4. That where any Indian entitled to allotment under 
existing laws shall make settlement upon any surveyed or un- 
surveyed lands of the United States not otherwise appropriated, 
he or she shall be entitled, upon application to the local land 
office for the district in which the lands are located, to have the 
same allotted to him or her and to his or her children, in quantities 
and manner as provided in the foregoing section of this amending 
act for Indians residing upon reservations ; and when such settle- 
ment is made upon unsurveyed lands the grant to such Indians 
shall be adjusted upon the survey of the lands so as to conform 
thereto ; and patents shall be issued to them for such lands in the 
manner and with the restrictions provided in the act to which this 
is an amendment. And the fees to which the officers of such local 
land office would have been entitled had such lands been entered 
under the general laws for the disposition of the public lands 
shall be paid to them from any moneys in the Treasury of the 
United States not otherwise appropriated, upon a statement of an 
account in their behalf for such fees by the Commissioner of the 
General Land Office, and a certification of such account to the 
Secretary of the Treasury by the Secretary of the Interior. 

Sec. 5. That for the purpose of determining the descent of 
land to the heirs of any deceased Indian under the provisions of 
the fifth section of said act, whenever any male and female In- 
dian shall have cohabitated together as husband and wife accord- 
ing to the custom and manner of Indian life the issue of such 



INDIANS AND THEIR LANDS 



23 



cohabitation shall be, for the purpose aforesaid, taken and deemed 
to be the legitimate issue of the Indians so living together, and 
every Indian child, otherwise illegitimate, shall for such pur- 
pose be taken and deemed to be the legitimate issue of the father 
of such child : Provided, That the provisions of this act shall not 
be held or construed as to apply to the lands commonly called and 
known as the "Cherokee Outlet" : And provided further, That no 
allotment of land shall be made or annuities of money paid to any 
of the Sac and Fox of the Missouri Indians who were not enrolled 
as members of said tribe on January first, eighteen hundred and 
ninety ; but this shall not be held to impair or otherwise affect the 
rights or equities of any person whose claim to membership in 
said tribe is now pending and being investigated. 
Approved, February 28, 1891. 



Act of May 8, 1906 (34 Stat. L., 182) 

AN ACT To amend section six of an Act approved February 
eighth, eighteen hundred and eighty-seven, entitled "An Act 
to provide for the allotment of lands in severalty to Indians on 
the various reservations, and to extend the protection of the 
laws of the United States and the Territories over the In- 
dians, and for other purposes." 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That section 
six of an Act approved February eighth, eighteen hundred and 
eighty-seven, entitled "An Act to provide for the allotment of 
lands in severalty to Indians on the various reservations, and to 
extend the protection of the laws of the United States and the 
Territories over the Indians, and for other purposes," be amended 
to read as follows : 

"Sec. 6. That at the expiration of the trust period and when 
the lands have been conveyed to the Indian by patent in fee, as 
provided in section five of this Act, then each and every allottee 
shall have the benefit of and be subject to the laws, both civil and 
criminal, of the State or Territory in which they may reside ; and 
no Territory shall pass or enforce any law denying any such 
Indian within its jurisdiction the equal protection of the law. 
And every Indian born within the territorial limits of the United 
States to whom allotments shall have been made and who has 



24 



LAWS AND REGULATIONS 



received a patent in fee simple under the provisions of this Act, or 
under any law or treaty, and every Indian born within the terri- 
torial limits of the United States who has voluntarily taken up 
within said limits his residence, separate and apart from any tribe 
of Indians therein, and has adopted the habits of civilized life, is 
hereby declared to be a citizen of the United States, and is enti- 
tled to all the rights, privileges, and immunities of such citizens, 
whether said Indian has been or not, by birth or otherwise, a 
member of any tribe of Indians within the territorial limits of the 
United States without in any manner impairing or otherwise 
affecting the right of any such Indian to tribal or other property : 
Provided, That the Secretary of the Interior may, in his discre- 
tion, and he is hereby authorized, whenever he shall be satisfied 
that any Indian allottee is competent and capable of managing his 
or her affairs at any time to cause to be issued to such allottee a 
patent in fee simple, and thereafter all restrictions as to sale, in- 
cumbrance, or taxation of said land shall be removed and said 
land shall not be liable to the satisfaction of any debt contracted 
prior to the issuing of such patent : Provided further, That until 
the issuance of fee-simple patents all allottees to whom trust 
patents shall hereafter be issued shall be subject to the exclusive 
jurisdiction of the United States: And provided further, That 
the provisions of this Act shall not extend to any Indians in the 
Indian Territory/' 

That hereafter when an allotment of land is made to any Indian, 
and any such Indian dies before the expiration of the trust period, 
such allotment shall be cancelled and the land shall revert to the 
United States, and the Secretary of the Interior shall ascertain 
the legal heirs of such Indian, and shall cause to be issued to said 
heirs and in their names, a patent in fee simple for said land, or 
he may cause the land to be sold as provided by law and issue a 
patent therefor to the purchaser or purchasers, and pay the net 
proceeds to the heirs, or their legal representatives, of such 
deceased Indian. The action of the Secretary of the Interior in 
determining the legal heirs of any deceased Indian, as provided 
herein, shall in all respects be conclusive and final. 

Approved, May 8, 1906. 



INDIANS AND THEIR LANDS 



25 



Act of June 25, 1910 (36 Stat. L., 856, 859) 

AN ACT To provide for determining the heirs of deceased 
Indians, for the disposition and sale of allotments of deceased 
Indians, for the leasing of allotments, and for other purposes. 

Sec. 9. That section three of the Act entitled "An Act to pro- 
vide for the allotment of lands in severalty to Indians on the 
various reservations, and to extend the protection of the laws of 
the United States and the Territories over the Indians, and for 
other purposes," approved February eighth, eighteen hundred and 
eighty-seven (Twenty-fourth Statutes at Large, page three hun- 
dred and eighty-eight), be, and the same hereby is, amended to 
read as follows : 

"Sec. 3. That the allotments provided for in this Act shall be 
made by special agents appointed by the President for such pur- 
pose, and the superintendents or agents in charge of the respective 
reservations on which the allotments are directed to be made, or 
in the discretion of the Secretary of the Interior, such allotments 
may be made by the superintendent or agent in charge of such 
reservation, under such rules and regulations as the Secretary of 
the Interior may from time to time prescribe, and shall be certi- 
fied by such special allotting agents, superintendents, or agents 
to the Commissioner of Indian Affairs, in duplicate, one copy to 
be retained in the Indian Office and the other to be transmitted 
to the Secretary of the Interior for his action, and to be deposited 
in the General Land Office." 

Sec. 17. That so much of the Indian appropriation Act for the 
fiscal year nineteen hundred and ten, approved March third, 
nineteen hundred and nine, as reads as follows, to wit: "That 
the Secretary of the Interior be, and he hereby is, authorized, 
under the direction of the President, to allot any Indian on the 
public domain who has not heretofore received an allotment, in 
such areas as he may deem proper, not to exceed, however, eighty 
acres of agricultural or one hundred and sixty acres of grazing 
land to any one Indian, such allotment to be made and patent 
therefor issued in accordance with the provisions of the Act of 
February eighth, eighteen hundred and eighty-seven," be, and 
the same is hereby, repealed, and sections one and four of the 
Act of February twenty-eighth, eighteen hundred and ninety- 



26 



LAWS AND REGULATIONS 



one (Twenty-sixth Statutes, page seven hundred and ninety- 
four), be, and the same are hereby, amended to read as follows: 

"Sec. 1. That in all cases where any tribe or band of Indians 
has been or shall hereafter be located upon any reservation 
created for their use by treaty stipulation, Act of Congress, or 
executive order, the President shall be authorized to cause the 
same or any part thereof to be surveyed or resurveyed whenever 
in his opinion such reservation or any part thereof may be ad- 
vantageously utilized for agricultural or grazing purposes by 
such Indians, and to cause allotment to each Indian located there- 
on to be made in such areas as in his opinion may be for their 
best interest not to exceed eighty acres of agricultural or one 
hundred and sixty acres of grazing land to any one Indian. And 
whenever it shall appear to the President that lands on any 
Indian reservation subject to allotment by authority of law have 
been or may be brought within any irrigation project, he may 
cause aHotments of such irrigable lands to be made to the Indians 
entitled thereto in such areas as may be for their best interest not 
to exceed, however, forty acres to any one Indian, and such irriga- 
ble land shall be held to be equal in quantity to twice the number 
of acres of nonirrigable agricultural land and four times the 
number of acres of nonirrigable grazing land: Provided, That 
the remaining area to which any Indian may be entitled under 
existing law after he shall have received his proportion of irriga- 
ble land on the basis of equalization herein established may be 
allotted to him from nonirrigable agricultural or grazing lands: 
Provided further, That where a treaty or Act of Congress setting 
apart such reservation provides for allotments in severalty in 
quantity greater or less than that herein authorized, the President 
shall cause allotments on such reservations to be made in quantity 
as specified in such treaty or Act subject, however, to the basis 
of equalization between irrigable and nonirrigable lands establish- 
ed herein, but in such cases allotments may be made in quantity 
as specified in this Act, with the consent of the Indians expressed 
in such manner as the President in his discretion may require." 

"Sec. 4. That where any Indian entitled to allotment under 
existing laws shall make settlement upon any surveyed or un- 
surveyed lands of the United States not otherwise appropriated, 
he or she shall be entitled, upon application to the local land office 
for the district in which the lands are located, to have the same 
allotted to him or her and to his or her children in manner as 
provided by law for allotments to Indians residing upon reserva- 



INDIANS AND THEIR LANDS 



27 



tions, and such allotments to Indians on the public domain as 

herein provided shall be made in such areas as the President may 

deem proper, not to exceed, however, forty acres of irrigable land 

or eighty acres of nonirrigable agricultural land or one hundred 

sixty acres of nonirrigable grazing land to any one Indian; and 

when such settlement is made upon unsurveyed lands the grant to 

such Indians shall be adjusted upon the survey of the lands so as 

to conform thereto, and patent shall be issued to them for such 

lands in the manner and with the restrictions provided in the Act 

of which this is amendatory. And the fees to which the officers 

of such local land office would have been entitled had such lands 

been entered under the general laws for the disposition of the 

public lands shall be paid to them from any moneys in the 

Treasury of the United States not otherwise appropriated, upon 

a statement of an account in their behalf for such fees by the 

Commissioner of the General Land Office, and a certification of 

such account to the Secretary of the Treasury by the Secretary 

of the Interior." 

********* 

Approved June 25, 1910. 



28 



LAWS AND REGULATIONS 



An Act for Determining the Heirs of Deceased 
Indians, for the Disposition and Sale of Allot- 
ments of Deceased Indians, for the Leasing of 
Allotments, and for Other Purposes. 



(Act approved June 25 1910; 36 Stat., 855). 



Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That when any Indian to whom an allotment of land 
has been made, or may hereafter be made, dies before 
the expiration of the trust period and before the issuance 
of a fee simple patent, without having made a will disposing 
of said allotment as hereinafter provided, the Secretary of 
the Interior, upon notice and hearing under such rules as he 
may prescribe, shall ascertain the legal heirs of such decedent, 
and his decision thereon shall be final and conclusive. If the 
Secretary of the Interior decides the heir or heirs of such dece- 
dent competent to manage their own affairs, he shall issue to such 
heir or heirs a patent in fee for the allotment of such decedent; 
if he shall decide one or more of the heirs to be incompetent he 
may, in his discretion, cause such lands to be sold; Provided, 
That if the Secretary of the Interior shall find that the lands of 
the decedent are capable of partition to the advantage of the 
heirs, he may cause the shares of such as are competent, upon 
their petition, to be set aside and patents in fee to be issued to 
them therefor. All sales of lands allotted to Indians authorized 
by this or any other Act shall be made under such rules and 
regu 1 ations and upon such terms as the Secretary of the Interior 
may prescribe, and he shall require a deposit of ten per centum of 
the purchase price at the time of the sale. Should the purchaser 
fail to comply with the terms of sale prescribed by the Secretary 
of the Interior, the amount so paid shall be forfeited ; in case the 
balance of the purchase price is to be paid in deferred payments, a 
further amount, not exceeding fifteen per centum of the pur- 
chase price may be so forfeited for failure to comply with the 
terms of the sale. All forfeitures shall inure to the benefit of the 



INDIANS AND THEIR LANDS 



29 



heirs. Upon payment of the purchase price in full, the Secretary 
of the Interior shall cause to be issued to the purchaser patent in 
fee for such land; Provided, That the proceeds of the sale of 
inherited lands shall be paid to such heir or heirs as may be com- 
petent and held in trust subject to use and expenditure during 
the trust period for such heir or heirs as may be incompetent, as 
their respective interests shall appear : Provided further, That the 
Secretary of the Interior is hereby authorized in his discretion to 
issue a certificate of competency, upon application therefor, to 
any Indian, or in case of his death, to his heirs, to whom a patent 
in fee containing restrictions on alienation has been or may here- 
after be issued, and such certificate shall have the effect of re- 
moving the restrictions on alienation, contained in such patent: 
Provided further, That hereafter any United States Indian agent, 
superintendent, or other disbursing agent of the Indian Service 
may deposit Indian moneys, individual or tribal, coming into his 
hands as custodian, in such bank or banks as he may select: 
Provided, That the bank or banks so selected by him shall first 
execute to the said disbursing agent a bond, with approved 
surety, in such amount as will properly safeguard the funds to be 
deposited. Such bonds shall be subject to the approval of the 
Secretary of the Interior. 

INDIANS MAY DISPOSE OF THEIR ALLOTMENTS BY 

WILL 

Sec. 2. That any Indian of the age of twenty-one years, or 
over to whom an allotment of land has been or may hereafter be 
made, shall have the right, prior to the expiration of the trust 
period and before the issue of a fee simple patent, to dispose of 
such allotment by will, in accordance with rules and regulations, 
to be prescribed by the Secretary of the Interior: Provided, how- 
ever, That no will so executed shall be valid or have any force or 
effect unless and until it shall have been approved by the Com- 
missioner of Indian Affairs and the Secretary of the Interior: 
Provided further, That sections one and two of this Act shall not 
apply to the State of Oklahoma. 

INDIANS MAY SURRENDER THEIR ALLOTMENTS 
FOR BENEFIT OF THEIR CHILDREN 

Sec. 3. That in any case where an Indian has an allotment of 
land, or any right, title, or interest in such an allotment, the 



30 



LAWS AND REGULATIONS 



Secretary of the Interior, in his discretion, may permit such 
Indian to surrender such allotment, or any right, title, or interest 
therein, by such formal relinquishment as may be prescribed by 
the Secretary of the Interior, for the benefit of any of his or her 
children to whom no allotment of land shall have been made ; and 
thereupon the Secretary of the Interior shall cause the estate so 
relinquished to be allotted to such child or children subject to all 
conditions which attached to it before such relinquishment. 

INDIAN ALLOTMENTS MAY BE LEASED FOR FIVE 

YEARS 

Sec. 4. That any Indian allotment of any Indian held under a 
trust patent may be leased by the allottee for a period not to 
exceed five years, subject to an in conformity with such rules and 
regulations as the Secretary of the Interior may prescribe, and 
the proceeds of any such lease shall be paid to the allottee or his 
heirs, or expended for his or their benefit, in the discretion of the 
Secretary of the Interior. 

LAW PROHIBITING INDUCING INDIANS TO SIGN 
DEEDS, MORTGAGES, ETC., WHILE LAND IS HELD 
IN TRUST BY GOVERNMENT. 

Sec. 5. That it shall be unlawful for any person to induce any 
Indian to execute any contract, deed, mortgage or other instru- 
ment purporting to convey any land or any interest therein held 
by the United States in trust for such Indian, or to offer any such 
contract, deed, mortgage or other instrument for record in the 
office of any recorder of deeds. Any person violating this pro- 
vision shall be deemed guilty of a misdemeanor, and upon con- 
viction shall be punished by a fine not exceeding five hundred 
dollars for the first offense, and if convicted for a second offense 
may be punished by a fine not exceeding five hundred dollars or 
imprisonment not exceeding one year, or by both such fine and 
imprisonment, in the discretion of the court; Provided, That 
this section shall not apply to any lease oi other contract author- 
ized by law to be made. 

LAW PROHIBITING CUTTING OR INJURING TIMBER 
ON INDIAN LANDS 

Sec. 6. That section fifty of the Act entitled "An Act to 
codify, revise, and amend the penal laws of the United States," 
approved March fourth, nineteen hundred and nine (Thirty-fifth 



INDIANS AND THEIR LANDS 



31 



United States Statutes at Large, page one thousand and ninety- 
eight), is hereby amended so as to read: 

"Sec. 50. Whoever shall unlawfully cut, or aid in unlawfully 
cutting or shall wantonly injure or destroy, or procure to be 
wantonly injured or destroyed, any tree, growing, standing, or 
being upon any land of the United States which, in pursuance 
of law, has been reserved or purchased by the United States for 
any public use, or upon any Indian reservation or lands belonging 
to or occupied by any tribe of Indians under the authority of the 
United States, or any Indian allotment while the title to the same 
shall be held in trust by the Government, or while the same shall 
remain inalienable by the allottee without the consent of the 
United States, shall be fined not more than five hundred dollars, 
or imprisoned not more than one year, or both." 

LAW PROHIBITING BUILDING AND LEAVING BURN- 
ING FIRES ON INDIAN ALLOTMENTS OR TRIBAL 
LANDS. 

That section fifty-three of said Act is hereby amended so as to 
read : 

"Sec. 53. W r hoever shall build a fire in or near any forest, 
timber, or other inflammable material upon the public domain, 
or upon any Indian reservation or lands belonging to or occupied 
by any tribe of Indians under the authority of the United States, 
or upon any Indian allotment while the title to the same shall be 
held in trust by the Government, or while the same shall remain 
inalienable by the allottee without the consent of the United 
States, shall, before leaving said fire, totally extinguish the same ; 
and whoever shall fail to do so shall be fined not more than one 
thousand dollars, or imprisoned not more than one year, or both." 

LAW AUTHORIZING SALE OF TIMBER ON UNAL- 
LOTTED INDIAN LANDS. 

Sec. 7. That the mature, living and dead and down timber on 
unallotted lands of any Indian reservation may be sold under 
regulations to be prescribed by the Secretary of the Interior, and 
the proceeds from such sales shall be used for the benefit of the 
Indians of the reservation in such manner as he may direct: 
Provided, That this section shall not apply to the States of Min- 
nesota and Wisconsin. 



32 



LAWS AND REGULATIONS 



LAW AUTHORIZING THE SALE OF TIMBER ON 
ALLOTTED INDIAN LANDS 

Sec. 8. That the timber on any Indian allotment held under a 
trust or other patent containing restrictions on alienations, may 
be sold by the allottee with the consent of the Secretary of the 
Interior, and the proceeds thereof shall be paid to the allottee 
or disposed of for his benefit under regulations to be prescribed 
by the Secretary of the Interior. 



NEZ PERCE INDIANS MAY BE GRANTED PERMISSION 
TO LEASE THEIR LANDS WITHOUT DEPART- 
MENTAL CONTROL. 

The Act of Congress approved June 21, 1906, provides: 
That if any adult member of the Nez Perce tribe of Indians in 
Idaho believes himself or herself competent to make leases and 
transact his or her affairs, such member may file a request with 
the Commissioner of Indian Affairs for a permit to lease the 
lands which have been allotted to him or her and the minor 
children of such member. And if upon consideration and ex- 
amination of the request the said Commissioner finds said mem- 
ber to be fully competent and capable of managing and caring for 
his or her own individual affairs, he may issue a certificate to 
such member authorizing him or her to make leases or rental 
contracts for the land allotted to such member, his or her minor 
children. 

INDIAN ALLOTMENTS, OR PROCEEDS OF LEASE OR 
SALE THEREOF, NOT LIABLE FOR DEBTS CON- 
TRACTED PRIOR TO ISSUANCE OF PATENT IN 
FEE. 

The Act of Congress approved June 21, 1906, provides: 

That the Act entitled "An Act to provide for the allotment of 
lands in severalty to Indians on the various reservations, and to 
extend the laws of the United States and the Territories over the 
Indians, and for other purposes," approved February 8, 1887, be, 
and is hereby, amended by adding the following: 

No lands acquired under the provisions of this Act shall, in 
any event, become liable to the satisfaction of any debt contracted 
prior to the issuing of the final patent in fee therefor. 

That no money accruing from any lease or sale of land? held 
in trust by the United States for any Indian shall become liable 



INDIANS AND THEIR LANDS 33 



for the payment of any debt of, or claim against, said Indian 
contracted or arising during the trust period, or, in case of a 
minor, during his minority, except with the approval and consent 
of the Secretary of the Interior. 

THE PRESIDENT MAY EXTEND THE TRUST PERIOD 
OF INDIAN ALLOTTEES. 

The Act of Congress approved June 21, 1906, provides: 
That prior to the expiration of the trust period of any Indian 
allottee to whom a trust or other patent containing restrictions 
upon alienation has been or shall be issued under any law or 
treaty the president may in his discretion continue such re- 
strictions on alienation for such period as he may deem best: 
Provided, however, That this shall not apply to lands in the 
Indian Territory. 



INDIAN MARRIAGE TO WHITES. 

Be it enacted, etc., — That no white man, not otherwise a mem- 
ber of any tribe of Indians, who may hereafter marry an Indian 
woman, member of any Indian tribe in the United States or any 
of its Territories except the five civilized tribes in the Indian 
Territory, shall by such marriage hereafter acquire any right to 
any tribal property, privilege, or interest whatever to which any 
member of such tribe is entitled. 

Sec. 3. That whenever the marriage of any white man with 
any Indian woman, a member of any such tribe of Indians, is 
required or offered to be proved in any judicial proceeding 
evidence of the admission of such fact by the party against whom 
the proceeding is had, or evidence of general repute, or of co- 
habitation as married persons, or any other circumstantial or 
presumptive evidence from which the fact may be inferred, shall 
be competent. (25 Stat. L. 392). 



STATUTE OF LIMITATIONS 

Be it Enacted, Etc. — That in all actions brought in any State 
Court or United States Court by any patentee, his heirs, grantees, 
or any person claiming under such patentee, for the possession or 
rents or profits of lands patented in severalty to the members of 
any tribe of Indians under any treaty between it and the United 
States of America, where a deed has been approved by the 



34 



LAWS AND REGULATIONS 



Secretary of the Interior to the land sought to be recovered, the 

Statutes of limitations of the States in which the land is situate 
shall be held to apply, and it shall be a complete defense to such 
action that the same has not been brought within the time 
prescribed by the Statute of said State the same as if such action 
had been brought for the recovery of land patented to others than 
members of any tribe of Indians. 

(Act May 31, 1902; 32 Stat. L. 284). 



CONDEMNATION OF LANDS ALLOTTED IN 
SEVERALTY FOR PUBLIC USE. 

That lands allotted in severalty may be condemned for any 
public purpose under the laws of the State or Territory where 
located in the same manner as land owned in fee may be con- 
demned, and the money awarded as damages shall be paid to the 
allottee. (Act March 3, 1901 ; 31 Stat. L. 1058). 

A general Act is not to be construed to repeal a previous parti- 
cular Act, unless there is some express reference to the previous 
legislation on the subject, or unless there is a necessary incon- 
sistency in the two Acts standing together. 

—Ex Parte Crow Dog, 109 U. S. 556. 

Indians have no right to grant, lease, or otherwise convey the 
lands occupied by them for any purpose whatever unless such 
conveyance is made in accordance with treaty or with law. 

(Sec. 2116 R. S.). 

Settlement on any lands secured to the Indians by treaty, sur- 
veying or attempting to survey, or any manner to designate the 
boundaries of such lands, is expressly forbidden by law under a 
penalty of $1000. 

(Sec. 2116 R. S ). 



SALE OF NON COMPETENT ALLOTMENTS. 

The Act of Congress approved March 1, 1907, provides: 
"That any Non Competent Indian to whom a patent contain- 
ing restrictions against alienation has been issued for an allotment 
of land in severalty, under any law or treaty, or who may have 
an interest in any allotment by inheritance, may sell or convey 
all or any part of such allotment or such inherited interest on 
such terms and condition and under such rules and regulations 
as the Secretary of the Interior may prescribe, and the proceeds 



INDIANS AND THEIR LANDS 



35 



derived therefrom shall be used for the benefit of the allottee or 
heir so disposing of his land or interest, under the supervision 
of the Commissioner of Indian Affairs; and any conveyance 
made hereunder and approved by the Secretary of the Interior 
shall convey full title to the land or interest so sold, the same as 
if fee simple patent had been issued to the allottee. 

.AUTHORITY OF SPECIAL AGENTS AND SUPER-. 
VISORS TO ADMINISTER OATHS. 

That hereafter each Special Agent, Supervisor of Schools or 
other officials charged with the investigation of Indian Agencies 
and Schools, in the pursuit of his official duties shall have power 
to administer oaths and to examine on oath all officers and per- 
sons employed in the Indian Service, and all such persons as may 
deemed necessary and proper. — (Act. March 1, 1899; 30 Stat. 
L. 924). 



LAW AUTHORIZING PATENTS IN FEE TO PUR- 
CHASERS OF INDIAN ALLOTTMENTS. 

An Act to authorize the Secretary of the Interior to issue 
patents in fee to purchasers of Indian lands under any law now 
existing or hereafter enacted, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
lands, or any part thereof, allotted to any Indian, or any in- 
herited interest therein, which can be sold under existing law by 
authority of the Secretary of the Interior, except the lands in 
Oklahoma, and the States of Minnesota and South Dakota may 
be sold on the petition of the allottee, or his heirs, on such terms 
and conditions and under such regulations as the Secretary of the 
Interior may prescribe ; and the lands of a minor, or of a person 
deemed incompetent by the Secretary of the Interior to petition 
for himself, may be sold in the same manner, on the petition of 
the natural guardian in the case of infants, and in the case of 
Indians deemed incompetent as aforesaid, and of orphans with- 
out a natural guardian, on petition of a person designated for the 
purpose by the Secretary of the Interior. That when any Indian 
who has heretofore received or who may hereafter receive, an 
allotment of land dies before the expiration of the trust period, 
the Secretary of the Interior shall ascertain the legal heirs of 
such Indian, and if satisfied of their ability to manage their own 



36 LAWS AND REGULATIONS 



affairs shall cause to be issued in their names a patent in fee 
simple for said lands ; but if he finds them incapable of manag- 
ing their own affairs, the land may be sold as hereinbefore pro- 
vided : Provided, That the proceeds derived from all sales here- 
under shall be used, during the trust period, for the benefit of the 
allottee, or heir, so disposing of his interest, under the supervision 
of the Commissioner of Indian Affairs : And provided further, 
That upon the approval of any sale hereunder by the Secretary 
of the Interior he shall cause a patent in fee to issue in the name 
of the purchaser for the lands so sold: And provided further, 
That nothing in section one herein contained shall apply to the 
States of Minnesota and South Dakota. — Act approved May 29, 
1908. 



INDIANS AND THEIR LANDS 



37 



Extracts from the Rules and Regulations Relating 
to Issuance of Patents in Fee and Certificates of 
Competency and Sale of Allotted and Inherited 
Indian Lands, Approved Oct. 12, 1910. 



GENERAL STATEMENT. 

Any Indian of 21 years or over who holds an allotment of 
land under a trust patent can — 

(1) Procure a patent in fee under the act of May 8, 1906 (34 
Stat., 182), provided it is shown that he is competent to care for 
his affairs. 

(2) Devise his lands by will under the act of June 25, 1910 
(36 Stat., 855), provided the land is not located in Oklahoma. 

(3) Sell his land under the act of March 1, 1907 (34 Stat, 
1015-1018). 

PATENTS IN FEE. 

PATENTS IN FEE TO INDIAN ALLOTTEES 

The act of May 8, 1906 (34 Stat., 182), provides that the 
Secretary of the Interior may, whenever he shall be satisfied that 
any Indian allottee is capable of managing his or her affairs, 
cause to be issued to such allottee a patent in fee. This act does 
not apply to members of the Five Civilized Tribes or the Indians 
under the jurisdiction of the Quapaw, Kaw, or Osage agencies. 
The issuance of a fee patent under this act is discretionary with 
the Secretary of the Interior, and the chief question involved is 
the degree of competency shown by the allottee to care for his 
own affairs. 

All applications for patents in fee under this act should be 
made to the superintendent having jurisdiction over the land 
the allottee seeks to have patented. The trust patent should ac- 
company the application ; or in case the trust patent has been 
lost or destroyed, affidavit of the allottee to that effect should 
accompany the application. 

When an application has been received from an allottee the 
superintendent will post notices in conspicuous places on the 
reservation where the applicant is known. * 

At the expiration of thirty days after notices have been posted 
the superintendent will forward the application to the Com- 



38 



LAWS AND REGULATIONS 



missioner of Indian Affairs, Washington, D. C, reporting fully 
as to the competency of the applicant, giving in detail the reasons 
for his recommendations. 

PATENTS IN FEE TO HEIRS. 

The issuance of a patent in fee to the competent heirs of a 
deceased allottee is authorized by the acts of Congress approved 
May 29, 1908, (35 Stat., 444), and June 25, 1910 (36 Stat, 
855). 

When a petition for a patent in fee covering inherited land is 
received the superintendent or other officer designated by the 
Secretary of the Interior' shall post notices in conspicuous places 
on the reservation to the effect that on a certain date and place 
named he will take testimony to be submitted to the Secretary of 
the Interior for the purpose of determining the legal heirs of the 
deceased allottee. This notice shall be posted for a period of 
thirty days. 

Before the time of hearing it shall be the) duty of the superin- 
tendent or other officer designated by the Secretary of the Interior 
to examine carefully the allotment, census, annuity rolls, and 
other records on file at the agency and make notations therefrom 
as to the relatives of the decedent for use at the hearing. 

All persons known to be entitled to participation in the estate 
and all persons known by the superintendent who claim to be 
entitled to participation must be notified of the time and place, 
when and where, the hearing is to be held. 

The superintendent is directed to secure the attendance of at 
least two disinterested persons who are acquainted with and 
have direct knowledge of the family history of the decedent to 
give testimony at the hearing, or he may procure their affidavits, 
and in case the affiants are not present at the hearing their affi- 
davits must be read and made a part of the record. In case affi- 
davits are submitted and any of the parties claiming an interest 
desire it, the affiants should be called for the purpose of cross- 
examination. 

At the hearing the heirs, or those claiming as such, should be 
required to fully set forth their claims. All the testimony taken 
must be reduced to writing and subscribed and sworn to before 
the officer conducting the proceeding. 

Also, the testimony taken, a copy of the posted notice to heirs 
and a copy of the notice sent to persons to appear at the hearing 



INDIANS AND THEIR LANDS 



39 



must accompany the papers when petition for a patent in fee is 
submitted for consideration. 

A report from the superintendent as to the heirs of the de- 
ceased allottee must also accompany the papers. 

In all other respects the report of the superintendent will be 
the same as if the heir 1 or heirs made an application for a patent 
in fee covering- their own allotment. 

The expenses incurred for calling- disinterested persons as 
witnesses must be paid by the heir or heirs. 

CERTIFICATE OF COMPETENCY. 

Section 1 of the act of Congress approved June 25, 1910 (36 
Stat, 855), provides in part: 

"That the Secretary of the Interior is hereby authorized, in 
his discretion, to issue a certificate of competency upon applica- 
tion therefor, to any Indian, or in case of his death to his heirs, 
to whom a 1 patent in fee containing restrictions on alienation has 
been or may hereafter be issued, and such certificate shall have 
the effect of removing the restrictions on alienation contained in 
such patent." 

Applications for certificates of competency should be filed with 
the Indian superintendent having jurisdiction over the land from 
which the allottees or heirs seek to have all restrictions removed. 
When the land is not located within the territorial limits of an 
Indian reservation, the allottee or heirs may petition the most 
convenient superintendent or other officer in charge of an! Indian 
agency or Indian tribe, or such other public officer of the United 
States as may be designated by the Secretary of the Interior, who 
shall take like action thereon as if the land were within the 
territorial limits of an Indian reservation. 

Reports on applications for a certificate of competency should 
be the same as those prescribed for the issuance of patents in fee. 

If an applicant is shown to be competent to care for his own 
affairs ,a certificate of competency will issue on Form E. 

It will be observed that the provision of law last quoted ap- 
plies only to Indians or their heirs "to whom a patent in fee con- 
taining restrictions on alienation has been or may hereafter be 
issued." The Indians of Oklahoma are excluded from this pro- 
vision of the act of June 25, 1910, supra. 



40 



LAWS AND REGULATIONS 



SALE OF ALLOTTED INDIAN LANDS EXCEPT THOSE 
BELONGING TO THE FIVE CIVILIZED TRIBES. 

The following requirements are to be observed in the convey- 
ance of lands allotted to members of any tribe of Indians for 
which trust or other patents have been issued with restriction 
upon alienation under the provisions of the act of Congress 
approved February 8, 1887 (24 Stat., 388), or other acts of Con- 
gress or any treaty stipulation, as authorized by section 7 of 
the act of May 27, 1902 (32 Stat., 245-275) ; the act of March 1, 
1907 (34 Stat, 1015-1018) ; the act of May 29, 1908 (35 Stat, 
444), and the act of June 25, 1910 (36, Stat, 855). 

WHAT LANDS MAY BE SOLD. 

Subject to the rules and regulations prescribed by the Secre- 
tary of the Interior, the following classes of lands may be sold: 

(1) Of the heirs, whether adults or minors, of any deceased 
Indian to whom a trust or other patent containing restrictions 
against alienation has been issued or shall be issued on lands 
allotted to him. 

(2) Of persons deemed incompetent by the Secretary of the 
Interior to whom allotments have been made and patents issued 
containing restrictions against alienation. 

In general, any adult Indian to whom a patent has been issued, 
containing restrictions against alienation will be deemed incom- 
petent, but sales by such Indians will be allowed only when it 
appears to be for their best interests. 

For a number of years, particularly since 1887, the United 
States Government, through the Department of the Interior, has 
been engaged in dividing up the reservations belonging to the 
several tribes of Indians in severalty to the members of such 
tribes. These allotments in general consist of 80 acres of agri- 
cultural land or 160 acres of grazing land, and are held by the 
Indians under a trust patent providing, among other things, that 
the land is nontaxable and can not be alienated for a period of 
25 years. 

Among the several tribes the death of Indians has caused large 
areas to descend to their heirs, who, already having allotments 
of their own, thus become possessed of a great deal of land. In 
order that such Indians may have money with which to improve 
their own allotments Congress, by law, has provided that such 



INDIANS AND THEIR LANDS 



41 



inherited lands may be sold by the Secretary of the Interior and 
the proceeds received used for the benefit of the heirs. 

It is also provided that in the case of noncompetent Indians the 
Secertary of the Interior may sell all or part of an Indian's allot- 
ment to procure funds for the Indian to live upon during the re- 
mainder of his life. There are also special acts covering various 
tribes which permit the sale of the surplus lands of such tribes. 

In general these lands may be purchased at the agencies in the 
several States where located, in accordance with the depart- 
ment's regulations covering such sales. These regulations pro- 
vide that in case Indian heirs shall petition for the sale of their 
inherited land, or a noncompetent Indian for the said of his own 
allotment, such lands shall, after the petition has been approved 
by the department, be offered for sale by the superintendent in 
charge of the Indian reservation where the land is situated. In 
the case of inherited land, under the provisions of the act of June 
25, 1910, the superintendent shall give proper notice of his inten- 
tion to take evidence, in order that the Secretary of the Interior 
may determine the heirs entitled to share in the proceeds of the 
sale of the land. 

Under^ the regulations approved by the department on October 
12, 1910, the land listed for sale on each reservation must be 
posted and advertised for a period of 60 days. Such list must 
show the names of the owner, the description of the land, the 
appraised value, the date when listed, and the date when bids 
will be opened, and can be procured at any time by addressing 
the superintendent of the agency where such lands are located. 
The bids will be opened at 2 p. m. on the day advertised for 
opening bids. Each bid must be accompanied by a certified check 
on some solvent bank, payable to the order of the superintendent 
or other officer in charge for the use of the vendor, for 10 per 
cent of the amount offered as a guaranty of the bidder's faithful 
performance of his proposition. If thev bid shall be accepted and 
the successful bidder shall within 30 days after due notice fail to 
comply with the terms of his bid, such check shall be forfeited 
to the use of the owner of the land. All such bids shall be in- 
closed in a sealed envelope, which must be marked by the bidder 
"Bid for Indian land," and state the date of the opening, but the 
description of the land need not be noted on the envelope. No 
bidder will be permitted to include more than one allotment in a 
bid. If a prospective purchaser desires to bid on more than one 
allotment, he must submit a separate bid on each allotment he 



42 



LAWS AND REGULATIONS 



desires to purchase. Under no circumstances will any person 
connected with an agency office or the Indian service be permit- 
ted to bid, or to make or prepare any bid, or assist any pros- 
pective bidder in preparing his bid. The right to reject any or 
all bids is reserved by the Commissioner of Indian Affairs. The 
award usually is made to the highest bidder. The checks of the 
unsuccessful bidders will be immediately returned to them. 

In some cases land will be offered for sale under the deferred- 
payment plan — that is, payment for the land to be sold may be 
part cash, and the balance secured by notes bearing the usual 
and legal rate of interest of the locality in which the land is 
located. Ten per cent of the purchase price must accompany the 
bid, 15 per cent additional of the purchase price to be paid when 
the bid is accepted, and the balance must be paid on such terms 
and conditions as appear in the advertisement of the sale. When 
the purchase price is paid in full and the accrued interest on the 
notes has been paid in full, a patent in fee will be issued to the 
purchaser. In cases where a patent in fee is not authorized by 
law a deed executed by the allottee or the heirs and approved by 
the Secretary of the Interior will be delivered to the purchaser. 
When lands are sold by deferred payments a certificate or mem- 
orandum of the purchase, setting out fully the terms of sale, will 
be delivered to the purchaser. 

All persons are warned that it is a serious offense under the 
act of June 25, 1910, to enter into a contract or agreement for 
the purchase of land held in trust for an Indian without author- 
ity of the Department of the Interior. Such contracts or agree- 
ments are absolutely void. It is therefore important that all mat- 
ters concerning the purchase of Indian lands should be taken up 
with the superintendent and carried on through his office. 

SALE FOR TOWN-SITE PURPOSES. 

Whenever it shall appear to the satisfaction of the Commis- 
sioner of Indian Affairs that it would be to the material advan- 
tage of the petitioner to sell an allotment, or any part thereof, for 
town-site purposes, the superintendent or officer in charge may 
be directed to cause such allotment, or part thereof, to be sur- 
veyed into lots, blocks, streets, and alleys, under regulations to 
be prescribed by the Commissioner of Indian Affairs. The lots 
in said town sites shall be appraised, advertised, and sold at pub- 
lic auction, under sealed bids or at private sale to the highest 



INDIANS AND THEIR LANDS 



43 



bidder, at not less than the appraised value, under such further 
regulations as the Secretary of the Interior may prescribe. The 
costs incident to the sale of such allotment shall be paid by the 
Indian owner. 

LEASES OF INDIAN ALLOTMENTS. 

The act of June 25, 1910 (36 Stat., 855), provides: 
"That any Indian allotment of any Indian held under a trust 
patent may be leased by the allottee for a period not to exceed 
five years, subject to and in conformity with such rules and 
regulations as the Secretary of the Interior may prescribe, and 
the proceeds of any such lease shall be paid to the allottee or his 
heirs, or expended for their benefit, in the discretion of the Sec- 
retary of the Interior." 

The act of May 31, 1900 (31 Stat. L., 229), reads as follows: 
"Provided, That whenever it shall be made to appear to the 
Secretary of the Interior that by reason of age, disability, or in- 
ability any allottee of Indian lands can not personally and with 
benefit to himself occupy or improve his allotment or any part 
thereof, the same may be leased upon such terms, regulations, 
and conditions as shall be prescribed by the Secretary for a term 
not exceeding five years for farming purposes only." 



44 



LAWS AND REGULATIONS 



Extracts from the Rules and Regulations to be 
Observed in the Execution of Leases of Indian 
Allotments. 



WHO MAY LEASE 

1. The term "age" is defined to apply to all persons under 18 
and all persons disabled by reason of old age. 

2. The term "disability" is denned to apply to — 

(a) All unmarried women. 

(b) All widows who have no sons of suitable age under thei** 
control to cultivate their lands with profit. 

(c) All married women whose husbands or sons are not in 
condition to cultivate their lands with profit to the family. 

(d) All allottees who are disabled by reason of chronic sick- 
ness or incurable physical defects. 

(e) All allottees who are disabled by native defect of mind 
or permanent incurable mental disease such as to prevent them 
from cultivating their lands. 

3. The term "inability," as used in said amended act, cannot 
be specifically defined as the others terms have been. Any allot- 
tees not embraced in any of the foregoing classes who, for any 
reason other than those stated, is unable to cultivate his lands or 
a portion of them, and desires to lease the same, may make ap- 
plication therefor to the proper Indian Agent. If his inability 
to cultivate his lands' (or the portion thereof he desires to lease) 
is clearly shown in the reasons assigned, the allottee may be per- 
mitted to lease. 

4. Every adult male able-bodied Indian not engaged in some 
permanent business or occupation by which he is gaining a liveli- 
hood for himself and family will be required to reserve not less 
than 40 acres of cultivatable land from his own allotment for 
occupancy and cultivation by himself, which shall always be ex- 
empt from leasing. 

Adult male Indians not wholly disqualified by physical or 
mental infirmities from working a portion of their allotments, 
but who may be less able than those not so disqualified, will be re- 
quired to work or manage a part of their allotments, to be regu- 
lated and determined by the actual conditions in each case, to be 
fully and conclusively shown in the applications for permission 
to lease. 



INDIANS AND THEIR LANDS 



45 



5. Indian Agents, however, are hereby expressly directed 
that it is not intended by the terms "disability" and "inability" to 
authorize the making of any lease by an allottee who has the 
necessary physical and mental qualifications to enable him to 
cultivate his own land, either personally, through the aid of his 
minor children, or by hired help, unless for exceptional reasons, 
which must be clearly shown, he falls with the provisions of 
Rule 3. 

Leases should provide for some specific improvements of a 
permanent nature in addition to money, such as buildings, 
fences, wells, breaking new land, etc., and with further provision 
that the same shall be kept in good order and repair, and become 
the property of the lessor after the termination of the lease. 

In all leases where the erection of a house is to be a part of the 
consideration, the lessees will be required to build a house of not 
less than three rooms, the same to be erected in a substantial man- 
nor, and when completed inspection should be made by the Agent 
or Superintendent in order to ascertain if the terms of the lease 
contract have been fully complied with. This rule of inspection 
also applies to all other buildings. 

All leases covering unfenced allotments should have provision 
for fencing the lands. 

No application for mining leases will be considered by the 
Department unless specific permission has first been granted by 
the Department for negotiating for the same with the individual 
Indians whose lands are sought to be leased. 

LENGTH OF TERM. 

Leases for a money consideration alone will be made for a 
period of one year for grazing purposes and two years for graz- 
ing and farming, or farming; but where there is other consider- 
ation in addition to money, such as placing substantial improve- 1 
ments on the land, they may be made for two and three years, 
respectively, and in cases of an exceptional character, upon a full 
statement of facts, leases may be made for three years for graz- 
ing and five years for farming, but no overlapping leases shall 
be made within a period greater than seven months before the 
expiration of any existing lease. 

The Department will assume the age of 21 as the majority for 
males and 18 for females unless specific information is furnished 
to the contrary. 



46 



LAWS AND REGULATIONS 



HOW EXECUTED. 

1. The indenture of lease must be executed in conformity 
with the terms and conditions expressed in the printed blanks 
issued by the Indian Office and approved by the Department. 
Leases executed on other forms will not be recognized. 

2. The lease must be executed in quadruplicate, in the presence 
of two subscribing witnesses, and acknowledged before the In- 
dian agent within the limits of whose agency the allottee resides. 

3. If the allottee or lessor is authorized to lease "outside" of 
the Indian Agency the instrument of the lease may be acknowl- 
edged before a Justice of the Peace or other officer having legal 
jurisdiction, whose official character must be certified by the clerk 
of a court of record under the seal of such court. 

4. In submitting leases for approval the Superintendent in 
Charge must set forth the character and habits of the allottee as 
to industry, thrift, and general conduct; also the character, up- 
rightness, and intelligence of the proposed lessee, and shall indi- 
cate whether, in his judgment, the presence of said lessee would 
be beneficial to the Indians. 

5. If, however, the facts shall not be known to the Superin- 
tendent, they must be verified by affidavits of not less than two 
disinterested credible persons who are cognizant of the facts and 
of the value of said lands for the purposes named in said lease, 
whose veracity must be certified to by such officer. 

6. A'l the testimony and all the papers pertaining to said 
indenture or lease must be properly authenticated under seal. 

7. The Superintendent shall collect all rentals from leases 
made by him, and where such rentals are payable in cash, they 
shall be deposited to the credit of the lessors and paid out in ac- 
cordance with the regulations in force regarding individual In- 
dian Moneys. 

8. One person, firm, or corporation will not be permitted to 
lease alloted lands upon any given reservation for farming pur- 
poses in excess of six hundred forty (640) acres. 

EXECUTION OF THE BONDS. 

1. The bond must be signed by two or more sufficient sure- 
ties, guaranteeing the payment of all the rents and royalties at 
the time specified, and the performance of all covenants and 
agreements in the indenture to be paid and performed by the 
lessee. 



INDIANS AND THEIR LANDS 



47 



2. Below the bond is a blank "verification of sureties." This 
verification must be subscribed and sworn to before some officer 
who is authorized to administer oaths. If subscribed to before 
a Justice of the Peace or a notary public the official character of 
such officer must be certified to before some officer of a court of 
record, under seal, having jurisdiction in the county where the 
acknowledgment was taken. The sureties must write their 
names in the verification. They must not be written by the 
officer taking the acknowledgment. 

3. Each surety must justify under oath to an amount equal 
to the value of the entire rent to be paid. 

4. The sureties must sign the bond in the presence of two 
subscribing witnesses. 

5. All names, both in the lease and bond, must be written in 
full, as initial letters will not be recognized as a Christian name. 

The foregoing regulations have been modified so far as to 
permit allottees who have been deemed to have the requisite 
knowledge, experience and business capacity to negotiate lease con- 
tracts, to make leases on their own allotments, but not on allot- 
ments of their minor children, or on inherited allotments except 
by special permission. The regulations governing "outside" 
leases are as follows: 

1. The leases must be made in quadruplicate on the forms 
prescribed by the Department. These blank lease forms may be 
had by applying to the Superintendent in Charge. 

2. The terms of such leases shall be in accordance with 
existing regulations, and for periods not exceeding five years,, 
but no overlapping leases shall be made within a period greater 
than seven months before the expiration of any existing lease. 

3. The question of consideration, whether a cash rental or 
share of the crop grown on the land, shall be left to the determi- 
nation of the lessor. 

4. The question of whether a bond shall be required for the 
faithful performance of the contract is also left to the discretion 
of the lessor, but if a bond is required it shall be executed on the 
form prescribed by the Department. 

5. After the lease shall have been completed, all parts thereof 
shall be filed in the office of the Superintendent in Charge of the 
reservation within 30 days thereafter for his examination. After 
such examination, if found to conform to the law and the rules 
and regulations prescribed thereunder, the Superintendent shall 



48 



LAWS AND REGULATIONS 



indicate on the lease his approval thereof and deliver one part to 
the lessor, one part to the lessee, send one part to the Indian 
Office and keep one part for the agency files. Rentals on "out- 
side" leases are to be paid to the lessor direct when due, and his 
receipt should in all cases be secured by the lessee at the time 
payment is made. 

Indians who have not been classified as competent to lease 
their own lands, or who, by reason of improper conduct or abuse 
of the privilege, have forfeited their rights in this respect, shall 
have their leases made in the office of the Superintendent in 
charge of the reservation, who will collect the rentals and de- 
posit the same to the credit of the lessor to be paid to him or 
expended for his benefit in accordance with the Regulations in 
force regarding individual Indian money. 



INDIVIDUAL INDIAN MONEY. 

All individual Indian moneys derived from the lease and sale 
of lands are required to be deposited in National banks which 
have been designated by the Department as depositaries for such 
funds, to the credit of the individual Indians, except in cases 
where special authority has been previously granted for paying 
such funds to the Indians direct. These are trust funds and 
can not be drawn out of the bank by the Indian without author- 
ity first having been obtained and the check approved by the 
Superintendent in charge of the agency. 

"Except in cases of women, and of minor children who are 
too young to attend school, all able-bodied Indians are expected 
to earn their support by their own labor. No able-bodied In- 
dians, except in case of inability to support himself and family 
by reason of illness, lack of work, failure of crop, unproductive 
labor incident to commencing farming, or similarly equally good 
reason, should be permitted to draw on his* bank account for the 
actual living expenses of himself and family, but he should be 
permitted to use his money in making permanent improvements 
on his allotment, in the purchase of necessary teams and farming 
implements and for other equally good purposes." 



PUBLIC ROADS THROUGH INDIAN LANDS. 
Section 4 of the Indian Appropriation Act approved March 3. 
1901 (31 Stat, p. 1058), provides: 
"That the Secretary of the Interior is hereby authorized to 



INDIANS AND THEIR LANDS 



49 



grant permission, upon compliance with such requirement as he 
may deem necessary to the proper State or local authorities for 
the opening and establishment of public highways, in accordance 
with the laws of the State or Territory in which the lands are 
situated, through any Indian reservation or through any lands 
which have been allotted in severalty to any individual Indians 
under laws or treaties, but which have not been conveyed to the 
allottees with full power of alienation." 

REGULATIONS. 
No public road or highway shall be established or opened 
across any Indian Reservation or any Indian allotment held 
under a trust patent until an application for permission to open 
such road or highway shall be approved by the Secretary of the 
Interior. 

The laws of the several states and territories respecting the 
establishment of public roads and the conditions surrounding the 
different reservations and allotted lands likely to be crossed by 
public roads are so widely at variance that it is not deemed ad- 
visable to formulate other than general rules governing the man- 
ner of presenting the application for the grant of the permission 
and the showing made in support thereof. 

In order to secure the grant of permission to open public high- 
ways through any Indian reservation or other lands allotted in 
severalty to and held in trust by the United States for individual 
Indians, local road authorities will be required to make formal 
application, addressed to the Secretary of the Interior, and ac- 
company the same by a satisfactory showing as to the necessity 
for the proposed road or highway and a map or plat thereof 
showing its exact location in connection with the lines of the 
public survey where surveyed; also its width and length within 
the reservation or alloted lands. 

When the proposed road is to be a part of a main or principal 
highway, the names of the towns which it is intended to connect 
by such highway must be given in the application. If it is to be a 
branch road, the application must show the point at which it will 
connect with the main highway and give the names of the prin- 
cipal towns between which the main highway lies 

Where the lands traversed have been surveyed, the proposed 
road or highway must follow section or allotment lines as far 
as practicable, and satisfactory showing must be made for any 
departure therefrom. 



50 



LAWS AND REGULATIONS 



The application must be filed with the Superintendent or other 
officer in charge of the Indian lands desired to be crossed, and 
it shall be the duty of such officer to examine fully into the cir- 
cumstances and bring the matter to the attention of the individual 
Indians or tribe affected. The superintendent or officer in charge 
shall take up with the authorities and the Indians the question 
of damages which will be caused to the lands by the establish- 
ment of the proposed road, and a definite agreement should be 
reached, if possible, regarding the amount of such damages, if 
any, to be paid to the allottee or tribe for the right of way. In 
cases where no actual damages will result, the Indians should be 
counseled by the officer in charge to give the right of way on 
the same basis as the homesteader would. The officer in charge 
shall make a full report in submitting the application to the Com- 
missioner of Indian Affairs, who will in turn forward the case 
to the Secretary of the Interior for his consideration and action. 

F. H. ABBOTT, 

Assistant Commissioner. 

Approved February 23, 1911. 
R. A. BALLINGER, Secretary. 



INDIANS AND THEIR LANDS 



51 



DEPARTMENT OF THE INTERIOR 

UNITED STATES INDIAN SERVICE 



Washington, May 27, 1912, 

AMENDMENT TO REGULATIONS GOVERNING APPLICATIONS 
FOR RIGHTS OF WAY ACROSS INDIAN LANDS 

All applications for rights of way across or easements affecting 
Indian lands for railroad lines, station grounds, ballast pits, telegraph 
and telephone lines, power transmission lines, pipe lines-public high- 
ways, canals, ditches, flumes or other water conduits, reservoirs, 
power sites, or overflow lands, filed under any act of Congress, shall 
be accompanied by at least two maps, drawn on trac ng linen, show- 
ing the definite location and extent of the lands desired for such 
right of way or easement, and prepared in accordance with the 
regulations governing applications for the specific right of way or 
easement sought to be acquired. Should the application be approved 
the original may, with the approval of the Department indicated 
thereon, will be filed in the permanent records of the General Land 
Office, and the other tracing, with a notation that it is a copy of the 
original as approved, will be placed in the files of the Indian Office. 

Should the applicant desire a copy of the approved map, it shall 
file with its application an additional map which may be either a 
tracing or blue-print copy. The third map, if filed, will be returned 
to the applicant, with a notation placed thereon that it is a copy of 
the original as approved by the Department. 

The applicant may, if desired, obtain certified blue-pr nt copy of 
the original map as approved by the Department on the payment of 
the prescribed fee. 

This amendment will be effective from this date. 

C. F. HAUKE, 
Second Assistant Commissioner. 

APPROVED: May 28, 1912. 

SAMUEL ADAMS, 
First Assistant Secretary 



DEPARTMENT OF THE INTERIOR 

OFFICE OF INDIAN AFFAIRS 
WASHINGTON 

Circular No 569. 

Construction of Railroads, 
Telephone Lines, Etc. 

September 28, 1911 

To Superintendents: 

A case has recently been brought to the attention of the Office 
i)n which a railroad company was allowed to construct a railroad 
and put its trains in operation across an Indian allottment, held in 
trust, without first having been granted a right of way, in accord- 



52 



LAWS AND REGULATIONS 



ance with the provisions of the act of March 2, 1899 (30 Stat. 
900), and the regulations prescribed thereunder. 

The Office is instructed by the Department to notify all superin- 
tendents to charge of Indian reservations and allotted lands to 
exercise due care to see that no railroad company is allowed to 
occupy Indian lands without first having complied with the law and 
the regulations. This will apply not only to railroad rights of way 
but also to rights of way for telephone and telegraph lines, pipe lines, 
canals, ditches, reservoirs, etc. All superintendents and other offi- 
cers in charge of Indian lands are expected to see that the instruc- 
tions contained herein are closely observed. 

C. F. HAUKE, 

Second Asistant Commissioner. 



DEPARTMENT OF THE INTERIOR 

OFFICE OF INDIAN AFFAIRS 

WASHINGTON 

Circular No. 497 
Attorney's Contracts 
With Indians 

December 23, 1910 

To all Superintendents and Agents: 

Section 2103 of the Revised Statutes of the United States provides 
that no agreement shall be made by any person with any tribe of 
Indians or individual Indians not citizens of the United States for 
certain purposes, except that it be executed in a certain manner and 
receive the approval of the Secretary of the Interior and the Com- 
missioner of Indian Affairs. While such contracts must be approved 
before they are effective, there are important considerations neces- 
sarily connected with such transactions affectmg the welfare and 
material interests of the Indians that should be considered by the 
Department and the Indian Office prior to the presentation of the 
subject to the Indians concerned. 

It is the duty of the Department and the Indian Office to adminis- 
ter the affairs of the Indian tribes under the jurisdiction of the 
Government and it is believed to be in the interest of good adminis- 
tration not to permit any contracts with any agent or attorney to be 
entered into with Indian tribes or individual Indians not citizens of 
the United States without Departmental authority previously granted. 

Superintendents and Indian Agents are hereby directed not to 
allow the negotiations of such contracts with the Indians under 
their charge, unless explicitly advised by the Department or the 
Indian Office that prior authority therefor has been granted. 

Contracts negotiated without such authority will not receive con- 
sideration either by the Department or the Indian Office. 

R. G. VALENTINE, Commissioner. 

December 24. 1910. 

Approved: R. A. BALLINGER, Secretary. 



INDIANS AND THEIR LANDS 



53 



DEBTS OF INDIVIDUAL INDIANS. 

Indian Office Circular No. 578, dated October 25, 1911, ad- 
dressed to Agents and Superintendents, reads in part as follows : 

"Your attention is again called to the fact that this office will 
no longer make any adjustment of debts of individual Indians 
contracted subsequent to December 17, 1909. When in the case 
of a competent Indian, the Superintendent, in his discretion, sees 
fit to recommend that the Indian be given a sum of money with- 
out restrictions, this office will take favorable action on a general 
showing of competency that is satisfactory, without regard to 
whether the applicant WISHES TO PAY PARTICULAR 
DEBTS OR NOT. It would be manifestly inconsistent with 
the positive instructions of the Department in its Order of De- 
cember 17, 1909, as well as with the established policy of this 
office, to assist even indirectly in the settlement of claims con- 
tracted since the date of the Department's Order mentioned." 

"CREDIT EXTENDED TO INDIANS IS ENTIRELY 
AT THE CREDITOR'S RISK." 

"This Circular is not intended to apply to the absolutely 
necessary expenditures which a Superintendent may be called 
upon to authorize in connection with the death and burial of 
Indians having individual funds to their credit." 



PART 2 



INDIANS AND THEIR LANDS 



57 



DIGEST OF DECISIONS RELATING TO 
INDIAN AFFAIRS 



INDIAN LANDS. 

The power to correct a mistake or to cancel an unlaw ful entry 
of Osage trust and diminished reserved lands continues in the 
executive officers of the United States, and their decisions upon 
all questions of fact are conclusive upon the parties and binding 
upon the courts unless they are vitiated by fraud and imposition. 
Frees v. Rush, 54 Kans., 274 

It is a settled principle that a patent conveying lands lying 
partly within and partly without the territory retained by the 
Indians is void as to so much as lie within it. 

Patterson v. Jenkins, 2 Pets., 216. 

Donforth v. Wear, 9 Wheat., 673. 

Leases made by Indians of lands in severalty under the acts of 
Congress therefor are absolutely void and neither such leases 
nor occupancy and planting of crops upon the lands, by the les- 
sees or their sub-tenants, give to the occupant any right to re- 
strain the officers of the Government from removing them from 
such lands. 

Pilgrim v. Beck, 69 Fed. Rep., 895. 

The Government has the power to invoke the aid of the Courts 
to remove from the lands of the Indians under its supervision 
and control persons who have intruded thereon under unauthor- 
ized leases from the Indians, and to restrain such persons from 
procuring other such leases from the Indians. 

United States v. Livestock and Real Estate Co., 
69 Fed. Rep. 886. 

Lapse of time and allotment of portions of their reservations 
do not terminate the tribal relations of Indians, nor remove them 
from the supervision and control of the Interior Department of 
the Government. 

United States v. Flournoy & Co., 71 Feb. Rep. 576. 

The citizenship bestowed upon Indians to whom lands had 
been allotted in severalty was in no way inconsistent with the 



58 



LAWS AND REGULATIONS 



restrictions imposed upon their titles, and under these restric- 
tions the leases by the Winnebagoes are wholly void. 

(Ibid). 

If the executive branch of the Government deems it necessary 
for the proper performance of its treaty stipulations with the 
Indians to forbid the occupancy of allotted tracts by white men ; 
it has the right to do so, particularly in view of the fact that, in 
all the legislation touching the same, Congress has uniformly 
prohibited the alienation of the lands, and has expressly declared 
that all contracts between the Indians and persons not native 
members of the tribe shall be wholly null and void. 

(Ibid). 

An Indian, under disability to convey his lands without the 
consent of the Secretary of the Interior, cannot of himself make 
a valid dedication of a portion of said lands to the public for 
use as a highway; nor can any dedication be presumed by any 
user of the public highway, or from his acts and conduct in 
reference thereto. 

State of Kansas v. O'Laughlin, 19 Kans., 504. 

The right to sell property is not derived from and is not de- 
pendent upon citizenship, neither does it detract in the slightest 
degree from the dignity or value of citizenship that a person is 
not possessed of an estate, or, if possessed of an estate, that he 
is deprived for the time being of the right to alienate it. It does 
not follow, therefore, that the power of these Indians to deal 
with land which was held in trust for their benefit was sensibly 
enlarged, or that the restrictions against alienation found in the 
Act of February 8, 1887 (24 Stat. L., 388), was removed, be- 
cause in the sixth section of the same Act Congress saw fit to 
declare Indian allottees to be citizens. 

Beck v. Flournoy, etc. Co., 65 Fed. Rep., 30. 



INDIAN ALLOTMENTS AND PROCEEDS OF SALE OF 
SAME ARE EXEMPT FROM TAXATION WHILE 
HELD IN TRUST BY THE UNITED STATES. 

No authority exists for the State to tax lands which are held 
in trust by the United States for the purpose of carrying out its 
policy in reference to these Indians. * * * 

While the title to the land remained in the United States, the 



INDIANS AND THEIR LANDS 



59 



permanent improvements could no more be sold for local taxes 
than could the land to which they belonged. Every reason that 
can be urged to show that the land was not subject to local taxa- 
tion applies to the assessment and taxation of the permanent 
improvements. 

—United States vs. Rickert, 188 U. S., 432. 

Lands allotted to Indians, inalienable for certain periods of 
time during which they are held in trust by the United States 
under any law or treaty are exempt from taxation by any State 
or county during the period of the trust, because they are instru- 
mentalities' lawfully employed by the nation in the exercise of its 
powers of government to protect, support and instruct the 
Indians. 

The proceeds of the sales of such allotted lands by the allottee 
or his heirs under Acts of Congress, which have been deposited 
by direction of the Secretary of the Interior in a bank selected 
by the Commissioner of Indian Affairs to the credit of the allot- 
tee or his heirs, in proper proportions, subject to their check only 
when approved by the agent or officer in charge, are held in trust 
by the United States for the same purpose as were the lands, and 
are exempt from taxation by any State or County for the same 
reason. 

No change of form of property divests it of a trust. The sub- 
stitute takes the nature of the original and stands charged with 
the same trust. The authorized sale of trust property by a trus- 
tee discharges the property sold from, and charges the proceeds 
of the sale in the hands or under the control of the trustee with 
the trust. 

2339 United States vs. County of Thurston, Neb., et al 
U. S. Court of Appeals, Eighth Circuit. 

Decision Filed March 21, 1906. 

JURISDICTION IN CONTROVERSIES CONCERNING 
INDIAN ALLOTMENTS. 

By the amendments to the Act of 1894, approved February 6. 
1901, ch. 217 (31 Stat. L., 750), it is expressly required that in 
suits authorized to be brought in the Circuit Courts of the 
United States respecting allotments of Indian lands, "the parties 
thereto shall be the claimant as plaintiff and the United States 
as party defendant." Nothing could more clearly demonstrate 



60 



LAWS AND REGULATIONS 



than does this requirement, the conception of Congress that the 
United States continued as trustee to have an active interest in 
the proper disposition of allotted Indian lands and the necessity 
of its being made a party to controversies concerning the same, 
for the purpose of securing a harmonious and uniform operation 
of the legislation of Congress on the subject. 

Because from the considerations previously stated we are 
constrained to the conclusion that the Court below (the Supreme 
Court of the State of Oregon) was without jurisdiction to enter- 
tain the controversy. 

McKay vs. Kalyton, 204 U. S. 458. 
Decided February 25, 1907. 

The case of Bond vs. the United States et al., decided in the 
Circuit Court of the United States for the District of Oregon. 
September 12, 1910, held that under the Act of June 25, 1910 
(36 Stat. L., 855), the Secretary of the Interior had exclusive 
jurisdiction to determine heirship and descent as they may effect 
allotted lands during the trust period, said Act operating by im- 
plication to repeal the Act of February 6, 1901 (31 Stat. L., 760). 
with the result that the authority of Federal Courts to adjudicate 
cases of this nature had immediately ceased. 



JURISDICTION OF CRIMES COMMITTED ON INDIAN 
ALLOTMENTS WHILE SAME ARE HELD IN 
TRUST BY THE UNITED STATES. 

On December 20, 1909, the Supreme Court of the United 
States decided that it is a violation of the laws prohibiting the 
introduction of liquor into the Indian country to take intoxicating 
liquor onto an Indian allotment on the 1 Yakima reservation while 
the same is held in trust by the United States. 

See United States vs. Sutton, 215 U. S. 291. 

The mere fact that citizenship has been conferred upon allot- 
ted Indians does not necessarily end the right or duty of the 
United States to pass laws in their interest as a dependent people. 
Hallowell vs United States, 221 U. S., 317-324. 

The Supreme Court of the United States held, in United 
States vs. Celestine, 215 U. S., 278, that an Indian of the Tulalip 
reservation who had been allotted land and given patent therefor 
under authority of the treaty with the Omahas, March 16, 1854, 
and the treaty of Point Elliot, January 22, 1855, was made a 



INDIANS AND THEIR LANDS 



61 



citizen by virtue of the Act of February 8, 1887 (24 Stat. 389), 
and given all the rights, privileges and immunities of citizens. 
Notwithstanding the allotment Acts and the granting of full 
rights of citizenship to Indians, "It may fairly be held that the 
statute does not contemplate a surrender of jurisdiction over an 
offense committed by one Indian upon the person of another 
Indian within the limits of a reservation." (Decided December 
13, 1909.) 

Under the provisions of Section 6 of the Act of Congress of 
February 8, 1887, known as the Daws Act, upon the completion 
of allotments made under that Act, and the patenting of the 
lands to the allottees by trust patents, each and every member of 
the respective bands or tribes of Indians to whom allotments are 
made "shall have the benefit of and be subject to the laws, both 
civil and criminal, of the State or Territory in which they may 
reside," and the State courts accordingly have jurisdiction to try 
an Indian for any public offense, except! the introduction of 
liquor into the Indian country, where such Indian has taken an 
allotment under the Daws Act. 

The provisions of Section 9 of the Act of Congress of March 
3, 1885 (23 Stat. L., 385) reserving to the general government 
exclusive jurisdiction to try all charges against Indians for 
crimes committed by them against the property or person of 
another Indian, embraced within the charges of murder, man- 
slaughter, rape, arson, assault with intent to kill, burglary and 
larceny, do not apply to Indians whose reservation was thrown 
open and who received allotments under the provisions of the Act 
of Congress of February 8, 1887, known as the Daws Act, prior 
to the amendment of that Act by the Act of Congress of May 8, 
1906 (34 Stat. L., 182). 

State of Idaho vs. Lott and Jabeth. 

Decision Supreme Court of Idaho, Filed April 22, 1912. 

Note — Under the two decisions just quoted we have on some 
allotted reservations — on the Yakima Reservation for example — 
members of the same family some of whom are citizens* and still 
subject to the jurisdiction of the federal courts, some who are 
citizens and electors and are subject to the jurisdiction of the 
State courts, and still others of the same family who are neither 
citizens nor electors and who are subject to the exclusive juris- 
diction of the federal courts. Allotments on the Yakima reser- 
vation were made under different Acts of Congress. O. H. L. 



62 



LAWS AND REGULATIONS 



The provision in the Treaty of February 24, 1869 (16 Stat.. 
L., 673), with the Bannock Indians, whose reservation was within 
the limits of what is now the State of Wyoming, that they shall 
have the right to hunt upon the unoccupied lands of the United 
States so long as game may be found thereon, etc., does not give 
them the right to exercise this privilege within the limits of the 
State in violation of its laws. 

—Ward v. Race Horse, 163 U. S., 5 04-. 

Exclusive jurisdiction of the State Courts over crimes on 
Indian reservations not committed by or against Indians is not 
taken away by the clause of the enabling Act of the State of 
Montana providing that "Indian lands shall remain under the 
absolute jurisdiction and control of the Congress of the United 
States. " 

—Draper v. United State?., 164 U. S., 240. 

ALLOTTING THE LAXD DOES XOT ABOLISH THE 
RESERVATION 

It is not disputed that the lands are a part of those set apart 
as the r uyallup reservation, and that the reservation has not been 
directly revoked ; but it is contended that the allotment of the 
lands in severalty, and afterwards making the Indians citizens ; 
necessarily had the effect to revoke the reservation. There is 
plausibi ity in the argument and it needs to be carefully consider- 
ed. It is clear that the allotment alone could not have this effect. 
(The Kansas Indians, 5 Wall. 737), and citizenship can only have 
it if citizenship is inconsistent with the rights of citizens. It is 
not necessarily so. Some of the restrictions of a reservation may 
be inconsistent with the rights of citizens. The advantages of a 
reservation are not; and if, to secure the latter to the Indians, 
others not Indians are excluded, it is not clear what right they 
have to complain. The Act of 1887, which confers citizenship, 
clearlv does not emancipate the Indians from all control or 
abolish the resevation. 

Ee ls et al vs. Ross, (12 C. C. A. 205). 

0--oted by U. S. Supreme Court in L^nited States vs. Cele- 
stine, 215 U. S. 278. 



INDIANS AND THEIR LANDS 



63 



INDIAN CUSTOM ADOPTION. 

The right of the plaintiff to recover depends upon whether, 
under the custom alleged in the complaint, she became the 
legally adopted mother and heir of the infant Pearson by reason 
of his mother's abandonment and her subsequent nurture and 
care of him. Now, adoption is the taking into one's family the 
child of another as son and heir, and conferring on it a little to 
the rights and privileges of such. It is a right purely statutory, 
was unknown to the common law. It was, however, a feature 
of the Roman law, but even according to that system some 
special authority of law was necessary to constitute an adoption ; 
(Ballard v. Ward, 89 Pa. St. 358). It never was in the power 
of an individual, either 1 by the common law of England or by 
the Roman law, to adopt the child of another at hU own volition, 
or by the consent of its parents; (Abney v. De Loach, 84 Ala. 
393 — 4 South, 757). There must be some special authority for 
such a proceeding. In this state it requires the decree of a com- 
petent court, made in conformity to the provisions of the statute, 
to confer on a child the capacity or quality of heir to a stranger ; 
(Furgeson v. Jones, 17 Ore. 204,-20 Pac. 842, 3 L. R. A. 620). 

In the matter of marriage between Indians, tribal customs 
have been recognized by the courts because they were is con- 
formity to natural rights. But the right of adoption is contrary 
to natural law, and we have been unable to find any case reported 
where adoption by custom has been sanctioned or maintained. 

— Non-she-po vs. Wa-win-ta, 37 Ore. 213 ; 62 Pac. 15. 
Decided August 13, 1900. 

INDIAN CUSTOM MARRIAGE. 

The provisions in the Act of 1885, under which the allot- 
ment in the present case was made, "that the law of alienation 
and descent in force in the State of Oregon shall apply thereto 
after patents have been executed," 1 does not impose upon Indians 
whose tribal relations have not been terminated the obligation to 
conform to the marriage laws of Oregon, and that it is im- 
material here whether or not the marriage of the appellee was 
legal acording to those laws. Congress had the power which 
it exercised to declare a general rule of descent of land which 
the United States held in trust for Indian allottees and to define 
the extent to which the allottees, although made citizens, were 
to be subject to State law. In view of the prevalence of marri- 



64 



LAWS AND REGULATIONS 



age acording to the Indian custom Congress in the Act of 1885 
refrained from extending the marriage laws of the State to 
Indians living in tribal relations on the Umatilla Reservation, 
and in the Act of 1891 Congress made a general provision ex- 
pressing and declaring affirmatively its policy in regard to such 
marriages. 

Parr et al. vs. Colfax, U. S. Circuit Court of Appeals for 
the Ninth Circuit. Decision filed February 5, 1912. 
It is not necessary to the validity of a marriage, according to 
the custom of the Ponca Indians, that it be actually contracted 
on the territory set off to or occupied by them. 

— La Raviere v. LaRaviere et al., 77 Mo., 512. 

AGREEMENT WITH NEZ PERCE INDIANS TO PRO- 
HIBIT INTRODUCTION OF LIQUOR ON RESERVA- 
TION FOR* PERIOD OF TWENTY-FIVE YEARS, 
BINDING. 

Following our former decisions, we adjudge that the agree- 
ment between the United States and the Nez Perce Indians, 
whereby the Indian lands ceded, retained and allotted to the Nez 
Perce Indians, should be subject (not without limit as to time, 
but only for twenty-five years) to any Federal statutes pro- 
hibiting the introduction of intoxicants into the Indian country, 
was not liable to objection on constitiutional grounds, in which 
the demurrer to the indictment was properly overruled, and 
the plaintiff in error rightfully convicted. 

—Dick vs. United States, 208 U. S., 340. 
Decided February 24, 1908. 

THE CASE OF CROW DOG. 

On August 5, 1881, Crow Dog shot and killed Spotted Tail on 
one of the Sioux reservations in South Dakota, for stealing and 
carrying away the wife of one, Medicine Bear, a! friend of Crow 
Dog. 

This event was frought with important consequences, as it 
resulted in establishing the status of the Indian before the law. 
Crow Dog went into hiding until his friends, according to the 
custom of the tribe, had made satisfactory compensation to the 
family of Spotted Tail for his murder. So far as the Indians 
were concerned this settled the matter. However, Spotted Tail 
was a man of too much importance for the authorities to permft 
his assasin to go unpunished. Crow Dog was arrested and 



INDIANS AND THEIR LANDS 



65 



brought to trial, was convicted, and the case appealed. The con- 
tention was made on behalf of Crow Dog that, he being an 
Indian and not a citizen of the United States, the court had no 
jurisdiction; that having been dealt with according to the cus- 
tom of the tribe for the offense, he was not amenable to prese- 
cution by federal or other courts. The United States Supreme 
Court, to which the case was appealed took this view of the 
case and discharged the accused man. 

This decision resulted in the passage of the Act of Congress 
approved March 3, 1885 (23 Stat. 385), which extended the 
jurisdiction of the Federal courts to crimes committed by one 
Indian against the person of an other Indian when committed 
on a reservation. 

(See "My Friend The Indian," by James McLaughlin, 
page 73). 

Also, Ex Parte Crow Dog, 109 U. S. 556. 

INDIAN COUNTRY. 

All the country described by the first section of the Act of 
June 30, 1834, (4 Stat. L., 729), as Indian country, remains 
Indian country so long as the Indians retain their original title 
to the soil, and ceases to be Indian country whenever they lose 
that title in the absence of any different provision by treaty 
or by Act of Congress. 

Bates v. Clark, 95 U. S., 204. Decided December 3, 1877. 

Since the repeal of section one of the Indian intercourse Act, 
(4 Stat. L., 729), by section 5596 of the Revised Statutes, the 
only Indian country in the United States within the purview ot 
that phrase is used in Chapter 4, Title XXVIII of the Revised 
Statutes, is the tract of country set apart by the United States 
for the exclusive use and occupancy of particular Indian tribes 
and known as Indian reservations ; and the Umatilla Reserva - 
tion in Oregon is such Indian country. 

—United States v. Martin, 14 Fed. Rep. 817. 
Same 8 Shaw 473. 

WHEN THE TRIBAL ORGANIZATIONS CEASE. 

If the tribal organization of Indian bands is recognized by 
the political department of the National Government as existing 
— that is to say, if the National Government makes treaties with, 
and has its Indian Agent among them, paying annuities and 
dealing otherwise with the "head-men" in its behalf — the fact 



66 



LAWS AND REGULATIONS 



that the primitive habits and customs of the tribe when in a 
savage state have been largely broken into by their intercourse 
with the whites, in the midst of whom, by the advance of civiliza- 
tion, they have come to find themselves, does not authorize a 
State government to regard the tribal organization as gone and 
the Indians as citizens of the State where they are and subject to 
its laws. 

The Kansas Indians, 5 Wallace, 737. 

INDIANS ALLOTTED UNDER THE DAWS ACT ARE 
CITIZENS AND ELECTORS. 

When a certain territory was situated in the limits of the 
County of Benson, North Dakota, and also within the limits of 
the Devils Lake Indian Reservation, and where said territory 
had, under an Act of Congress been allotted to certain Indians, 
and where said persons were living upon their respective allot- 
ments it was the duty of the County Commissioners of Benson 
County to establish a voting precinct within or for said territory. 
Such Indians so residing upon lands allotted to them in severalty, 
and for which the preliminary patents had been issued, are 
citizens of the United States, and qualified electors of the State. 
Denover et al. v. County Comrs., 72 N. W. Rep. 1014. 

No State can, by either its constitution or other legislation 
withdraw the Indians within its limits from the operation of 
the laws of Congress regulating trade with them, notwith- 
standing rights it may confer on such Indians as electors or 
citizens. 

United States v. Halliday, 3 Howard, 407. 
In all cases about the rights of property in which an Indian 
may be a party on one side and a white! person on the other, the 
burden of proof shall rest upon the white person whenever the 
Indian shall make out a presumption of title in himself from thfc 
fact of previous possession or ownership. (Sec. 2126, R. S.). 

Felix v. Patrick, 36 Fed. Rep., 457. 

CONGRESS AND NOT THE COURTS MUST DETER- 
MINE HOW AND WHEN GUARDIANSHIP OVER THE 
INDIAN SHALL BE ABANDONED. 

Of late years a new policy has found expression in the legis- 
lation of Congress — a policy which looks to the breaking up of 
tribal relations, the establishment of the separate Indians in in- 
dividual homes, free from national guardianship and charged 



INDIANS AND THEIR LANDS 



67 



with all the rights and obligations of citizens of the United 
States. Of the power of the Government to carry out this policy 
there can be no doubt. It is under no constitutional obligation 
to perpetually continue the relationship of guardian and ward. 
It may at any time, abandon its guardianship and leave the ward 
to assume and be subject to all the privileges and burdens of one 
sui juris. And it is for Congress to determine when and how 
that relationship of guardianship shall be abandoned. It is not 
within the power of courts to overrule the judgment of Con- 
gress. It is true there may be a presumption that no radical 
departure is intended, and courts may wisely insist that the pur- 
pose of Congress be made clear by its legislation, but when that 
purpose is made clear the question is at an end. 
—The Matter of Heff, 197 U. S., 488. 



PART 3 



List of Nez Perce Indian allottees who are authorized 
to manage and make contracts for leasing their own allot- 
ments. Leases must be made on forms furnished by the 
commissioner of Indian affairs, and must be approved by 
the officer in charge of the Nez Perce Indian Agency. 



Allot- 




Allot- 




No. 


Name of Allottee. 


No. 


Name of Allottee. 


1768 


A ] 1 on TaanoHo 
Xiiieii, o fcjcxxxc LLfc; 


15 91 


A ti c\ oronn T- Y*r\7' 
JrLll K-Ikd L fc><JXX, XX- ct X X y 


1766 


A 1 1 P n TP. m "m n 


1592 


-rxXXLltiX foUXl, XliXIXXUX VJT 


123 8 


A 11 An T ,n 1 n 


1 Q 

-L i) 


jeVXXXUto, VV IXXlcLXll, 


qoQ 


Allen, John 




alias Henry Eneas 


otu 


Allen, Fannie 


fi A 9 


Alfrey, TVilliam, Jr. 


341 


xa-XXfcJIx, ixxUxIlcLfc> 


644 




1 7 fi 9 


A nfl T"* rj\ TT* r» T , 1 1 \z O 


17 80 


-r^XIfciXX, UotJJJXX 


J. 1 o o 


-fi-IlU.1 t! W to, IVXcliy 


17 82 


A linn r^ 1 fil"\7'i'n 
-ra-XXfcJXX, v^/d/iVXXX 


8 fi 
o O 


A rtlinr 1\/To v\r 
Lxl Ux , lV-idl-tY 


168 


A Vi r> q i" m 

Xi 11 JJ CL L- 1 1 1 <X 


87 


1 1* X X L4 X , XVX CL x y J— > • 


1 0 R S 

IUUO 


-i-\_XXXfciX ct, XX. <_X X X XtJ ly 


1267 


Anderson, John 


216 


Agee, Mrs. Elvira 


loco 


^.IlLlcI oUIl, -T <xXXXXXt! 


219 




1065 


Amera, Charles 


222 


Agee, Robert 


1 fi fi 1 


Brown, UiCK RicnarQ 


CQC 
030 


jsroixcxie, ividi y j±hil 


1 ceo 


Brown, Carrie R. 


HQS 
0 £* o 


Bronche, Amanda 


J. V 




o y y 


Bronche, Bessie 


fi 9 1 
0 u J. 


_DX OIXUXIC, V^clXXXlXltJ 


^ Q7 
Dot 


jdi uxicxit!, jl xiuinais, jr. 


622 


-13 1 LIXXL/XJC, to*-* XJXXXcL 


331 




157 8 


JL> lctv^lv\^CXg,IC, tldXXXt/O 1NU1 LUI1 


322 


"Rreflell T)ollv "V rnmnn 


618 


Bronche, Joseph, Jr. 


47 Q 
i o 


JDccLXX, J-XXUXXXdo 


203 


JJl UH^llCj JJ11 VOL, JL-/ CXi V lo 


6 67 


XjI UIlLlltJ, _X XXUXXXcXO, OX. 


1911 




R fi 8 
0 u o 


JDlUXXCXXfc!, XVUocl 


639 


"Rrnn r» Ti p Mfirv 


KQO 

USa 


X>XUXXCXXfcJ, Sli CI W d X CI 


D *t U 


X_> X UXXUXXt!, IVXcXX g CLX ti L Lt? 


fi 4. R 

D t O 


X->1 UXXUXXtJj JjU UlXocX xl» 


5 9 5 


Bronche Frank 






55 


Corbett, Felix 


1900 


Cornelius 


364 


Corbett, Susie Reubens 


1901 


Cornelius, Martha 


38 


Corbett, Pierre 


497 


Craig, Mary 


39 


Corbett, Elizabeth 


498 


Craig, Elizabeth Grace 


46 


Corbett, William 


266 


Cloud, Benjamin 


40 


Corbett, Warren 


499 


Craig, Minnie Christina 


252 


Corbett, Silas 


167 


Coyotte 


253 


Corbett, Ellen 


320 


Compo, Billy 


254 


Corbett, Edith 


321 


Compo, Mary 


1378 


Conditt, Jason 


1843 


Carter, Julia Norman 


1379 


Conditt, Jane 


655 


Carter, Caleb 


48 


Corbett, Paul 




(Ip nan sau lah kaskt) 


49 


Corbett, J<ulia 


92 


Conner, Edward J. 


57 


Corbett, Priscilla F t 


1916 


Complainville, T-Uiv 


1380 


Conditt, Homer 


58 


Corbett, Paul 



72 



LAWS AND REGULATIONS 



Allot- 




Allot- 




No. 


Name of Allottee. 


No. 


Name of Allottee. 


428 


Davis, Benjamin H # 


1584 


Davis, Susan 


429 


Davis, Mary 


983 


Doumecq, John 


430 


Davis, Jesse 


773 


Dolittle, James 


1756 


Damion, Ne stee kus tin 


192S 


Dickson, James 


934 


Damion, Annie 






d 3 Q 


E we nun my 


1 Q K 9 

i y o z 


E lute pa an yen 


1786 


Ellenwood, Eva Lott 


1543 


Edward, Charlotte 


1256 


Evans, Agatha 


1544 


Edward, Harry 


1258 


Evans, Joseph 


1546 


Edward, Nancy 


1257 


Evans, Thomas 


1308 


Ellenwood, Hannah 


1259 


Evans, Rosa May 


1907 


E yah lah wah tson my 


1431 


Ezekiel, Delia 


1924 


Elliott, Ida C. 


876 


Elk, Pak tilkt 






689 


Fairfield, Minnie 


180 


Frank, Sam 


690 


Fairfield, Ida 


491 


Fogarty, Louisa A. 


687 


Fairfield, Abbie Seeds 


493 


Fogarty, Agatha L. 


511 


Five Crows, Benjamin 


494 


Fogarty, Clydena 


303 


Frank (Hoo soose Kapsis) 


1515 


Frank, Lizzie 


304 


Frank, Olive 


688 


Fairfield, Innes 


1893 


Frank, Johnny 






1 fi 7 9 


( ? T /2i #"» v cr o 1\ T 1 1 i" t~\ n 
UcUI & C , IVli 1 L 0 11 


OOI 


Grant, Annie 


1 0 0 c 


Gould, Peter 


crn 
ODZ 


Grant, Abel 


fin 

0 U 


LrOUlQ, riatLie 


7 Q A 

i y 4 


Guthrie, George 


rig 


Grant, James 


1 1 A Q 

114 8 


Guthrie, Eugenia Jessie 


o 4 y 


Grant, Nellie 


1 0 1 * 


<crreen, HiiizduQiu. r laiiK 


1589 


Hines, Lizzie 


663 


Halfmoon, Jeanette 


1514 


Hy yi tarn moon, Frank 


664 


Halfmoon, Mary 


1781 


He yume we yo tsan my 


1374 


He mo yo kar tsat, Julia 


1321 


Hayes, Alexander 


645 


Henry, Mrs. Noble 


1094 


Hayes, Harry 


64S 


Henry, Joseph 


1096 


Hayes, Lizzie 


649 


Henry, John 


1312 


Hayes, James (Rev.) 


650 


Henry, Benjamin 


1313 


Hayes, Fanny B. 


651 


Henry, Frank 


1314 


Hayes, Nettie (Thomas) 


702 


Henry, Ella 


947 


Hayes, James 


647 


Henry, Jane 


18 7 9 

1 O i ti 


Holt, Mary Jane 




(.ivirs. \vm bmitn) 


1826 


Hoyt, Daisy 


1250 


Hart, Thomas 


224 


He yume te til pin my 


1866 


Hoyt, Johnson 


1179 


Harsche, Julia 


1867 


Hoyt, Julia 


1182 


Harsche, Adair 


1835 


Hines, Benjamin 


1616 


Hill Tom 


466 


Higheagle, Antoine 


1618 


He yume yip tin 


1978 


Hat yer win my (Etta) 


662 


Halfmoon, Charles 






368 


lis wa tson my 


520 


Ip narp tah yah ne pots 


505 


Ip na tak koo pin 


464 


I ah lote kikt 


234 


Is tah ma tin, Thomas 


601 


Ip na so wat on my, 


1456 


Its se kar son my 


Mrs. Tom 



INDIANS AND THEIR LANDS 



73 



Allot- 
No. Name of Allottee. 

227 Jackson, Grover C. 

1449 Johnson, Abraham 

1450 Johnson, Mary 
223 Jackson, Charles 

1091 Jonas ( Jeanette Williams 

974 Jackson, William 

1348 James, Robert 

1349 James, Julia 



Allot- 
No. Name of Allottee. 

1495 Jabeth, Sarah 

352 James, Too ye hin 

1648 John, Nancy 

761 Jonas, Mary Reuben 

1073 Johnson, Wati wati how lis 

1074 Johnson, Lizzie 

419 James, Wet yat mas yah won 
yah won 



1559 Kip kip pal e 

1557 Kip kip pal e 

1827 Ky way puts, 

1828 Ky way puts, 
590 Kah lu la son 



kan, Ellis 1792 
kan, Harrison 861 
Moses 

Christina 212 
my 



Kentuck, Jos 
Koose to ka nin 

(James Powers) 
Kane, John 



1743 La kol l e kin 

1565 Lindsley, Thomas 

1566 Lindsley, Agnes 

52 9 Luh house, George 

294 Lawyer, Amy 

298 Lawyer, Lizzie 

1294 Little, Charles Wesley 

1787 Lott, Annie 

1707 Lowry, Felix 

95 Lawrence, Osias 

96 Lawrence, Phoebe Nelson 



55 9 Lemon, William 

777 Lowry, Phoebe 

1627 Lowry, Mabel 

361 Lindsley, Peter 

362 Lindsley, Nancy 

363 Lindsley, Charles 

540 Lott, Fred 

541 Lott, Jennie 

738 Luke, Pah kah yot we kin 

739 Luke, Annie 
5 47 Lavry, Mary 



117 


Maxwell, Matilda 


1485 


Moffit, Lilly 


401 


McFarland, Francis 


82 


McCormick, Joseph 


965 


Moody, Andrew 


281 


Moore, Albert 


966 


Moody, Jane 


567 


Moore, Thomas 


1097 


Moody, George 


301 


Moses, Albert 


1761 


Moore. James 


589 


Miles, John 


1100 


Moody, Annie 


592 


Miles, James 


1467 


Montieth, Moses 


591 


Miles, Charles 


1468 


Montieth, Mary 


370 


Miller, Susan 


1472 


Montieth, Celia. 


373 


Miller, Mary 


1414 


Montieth, Jeremiah 


819 


McFarland, David 


1415 


Montieth, Mary 


1438 


McAtty, Caleb 


1227 


Montieth, Annie 


1439 


McAtty, Ellen 


1460 


Montieth, Lizzie 


404 


McFarland, Wa win atwy 


1400 


Moffet, Maria 




(Nora) 


503 


Mis te not 


731 


Matthew, Ta ma lu sim likt 


733 


Mathews, Agnes 


734 


Matthew, Simon 


1688 


Morris, Alexander 


887 


Meek, Joseph S. 


1689 


Morris, Julia Nelson 


888 


Meek, Stephen A. 


1693 


Morris. Phillip 


248 


Morris, Samuel (Sr.) 


1690 


Morris, Martha (Ellenwood) 


249 


Morrie, Annie Corbett 


1455 


Moffit, Daniel 


251 


Morris, Nettie 


1481 


Moffit, Stephen 


1118 


McAtty, Walter 


1483 


Moffit, Harry 







74 



LAWS AND REGULATIONS 



Allot 




Allot- 




No. 


Name of Allottee. 


No. 


Name of Allottee. 


1150 


Newton Abel 


17 93 




206 


Nesbit, TValter 


8 9 5 


IN ti VV Ildl Li, v>Ild. I 16S 


1676 


Nesbit, Alle chin 


896 


t: W 1L&1 Li , Ullvc 


893 


Newhard, Jennie M. 




31 


Parnell, Mary 


18 


Penny, Rachel (Arthur) 


602 


Phinney, Mary L. 


1244 


Parsons, Carrie 


672 


Phinney, Mary 


32 


Parnell, Annie 


673 


Phinney, William 


1549 


Parsons, William 


108 


Porter, Lillie Phinney 


1550 


Parsons, Mary 


109 


Porter, Nellie 


1552 


Parsons, Fannie 


110 


Porter, Harriet 


1551 


Parsons, Justin 


319 


Par kar la pykt, Jane 


1553 


Parsons, William, Jr 


1452 


Pu yah na halt pa wit 


778 


Paul, Jesse 


1466 


Pe tsak kin (Joe Altman) 


1381 


Paul, Lydia Conditt 


1932 


Peo peo yo war cos 


1848 


Peterson, Joseph 




(Clayton Dickson) 


1849 


Peterson, Sophia 


609 


Pliter, Mollie 


607 


Pliter, Peter 


317 


Par kar la pykt, Edward 


24 


Pinkham, John 


1089 


Pond, Rachel W. 


261 


Poweke, Henry 


585 


Pond, Elias 


262 


Poweke, Alice 


586 


Pond, Annie 


264 


Poweke, Amos 


1239 


Parsons. Robert 


265 


Poweke, Ellen (Kane) 


1240 


Parsons, Emma W illiams 


1537 


Powers, Frank 


16 


Penny, Benjamin D. 


523 


Penny, George 


17 


Penny, Elizabeth 






103 


Reubens, Cecelia 


384 


Raboin, Laura 


396 


Reubens, Sophia Moore 


450 


Raymond, George 


104 


Reubens, Stephen 


449 


Raymond, Mary 


1598 


Raboin, Duke 


889 


Riley, Mrs. Olive M. 


1599 


Raboin, Mary 


892 


Riley, Jennie 


1601 


Redwolf, Frances 






36 


Stuart, James 


723 


Slickpoo, Peter 


37 


Stuart, Harriet 


724 


Slickpoo, Julia 


1666 


Samuel, Nathan 


726 


Slickpoo, Paul 


708 


Smith, William 


1298 


Smith, James 


709 


Smith, Lydia Ann 




(alias Sam Ellenwood 


705 


Stephens, Charles 


71 


Sheldon, Arthur 


1605 


Samuel, George. 


1214 


Stephens, Jeanette 


1606 


Samuel, Lula 


73 


Sheldon, Albert 


543 


Stephens, Amelia Miller 


189 


Seth, Delia 


1652 


Spencer, Effie 


1622 


Scott, Julia 




(Mrs. Ed. Par kar la pykt) 


1864 


Samuel, Alexander 


158? 


■ Stwyer, George 


1195 


Spalding, Julia 


1588 


Stwyer, Elinor 


1863 


Samuel, Louis 


1009 


Seven, Jack 


899 


Shinn, Joseph 


1010 


Seven, John 


70 


Sheldon, Annie 


1015 


Seven, Mary 


1736 


Scott, David, Jr. 


478 


Sah lah ta mo hi hyh 







INDIANS AND THEIR LANDS 75 



Allot- 
No. Name of Allottee. 

1110 Ta lah hots wal, Tom 

8 39 Thomas, Beatrice 

1266 Ta mo pon my 

244 Tel lu way ma 

527 Tuh tuh hoon 

631 Ta moltz ta kae ka won 

1209 Tah mah tip yah lote 

7 91 Types, Thomas 
197 Timothy, Maggie 

1571 We ya yo yikt 

972 Williams, Wm. M. 

1230 Williams, Luke 

1231 Williams, Emma 

1303 Wheeler, Phillip 

(alias Phillip Williams) 

1304 Wheeler, Malinda 

1305 Wheeler, Martha 

1306 Wheeler, Elizabeth 

1307 Wheeler, Emily, 

605 Whitman, Sophia Thomas 

8 25 Wah lah tson my 
929 Wah w 0 not Ellen 

177 8 Whitfield, Matthew 

17 7 9 Whitfield, Lucy 

307 Whitfield, Elmer 

1487 Walker, John 

1488 Walker, Mary Williams 
1490 Walker, Jerome 

502 Wilson, Sam 



Allot- 
No. Name of Allottee. 

277 Thompson, Mary 

1262 Tomsis, Joseph 

1263 Tomsis, Jane 

1906 Te wit ku e tat, Joseph 

1892 Tsap ilp ilp, Frank 

1910 Tillier, Cecelia 

1913 Tillier, Clarfost 

46 9 Te we ton my 



1246 White, Alice 

66 White, Charles 

20 White, Nat 

21 White, Jane 

7 Williams, Maggie 

8 Williams, Ellen 

994 Waters, Jonas 

995 Waters, Louisa 
15 86 Wilber, Jim 
1585 Wilber, Sally 

43 8 Webb, Edward 

440 Webb, Charles 

513 Williams, Tom 

514 Williams, Delia 
1854 Wheeler, William 

462 Wa tes ta tol ku likt, John 

1857 Wheeler, Harry 

864 Williams, Dolly 

521 Yo ho e we nun my 

1461 Ze loon was 



76 



LAWS AND REGULATIONS 



1ST CLASS 
Indians Entitled to Re- 
ceive all Rentals. 



2ND CLASS 
Rentals to be De- 
posited. 



Allen, Mark 
Allen, Jeanette 
Allen, Emma 
Allen, Lula 
Allen, John 
Allen, Fannie 
Allen, Thomas 
Andrews, Luke 
Andrews, Mary- 
Arthur, Mark 
Arthur, Mary B. 
Anderson, John 
Anderson, Fannie 
Am era, Charles 
Anderson, Harry 
Anderson, Elinor G. 
Amos, William 

alias Henry Eneas 
Alfrey, William. Jr. 
Alf rey, Jack 
Allen, Joseph 
Allen, Calvin 
Ah pat ma 
Amera, Harriet 
Ah pos tin ma 
Ah la lim yah we na 

nun my, Sarah 
A la lim ta le ka sat. . 
Abraham, Emma 
Ah yah toe tah lute yekt 
Axtell, Harriet 
Adams, Mary 
Ah pos tin nah, Daniel 
A lew yah tsa si kan 
At yume te yat kikt 
Ah la lim wa tsan my 
Ah la lim yah we nun m. 
Ah chee 

Ah yah to e see kar tson my 

Adams, Charles 

Adams, Louisa 

Agee, Erastus 

Agee, Lucy 

Agee, James 

Agee, Philip 

A-nun-we-nun-my 

Axtell, Stephen 

Axtell, '^attie 



Albert, Joseph 
Ah leu you wow te 

sat 
Alia mute 
Armstrong, Ralph 
Andrew, Phillip 
Arthur, Daniel 
Andrew, Amelia (Ka 



3RD CLASS 
Minors and Non- 
competents. 

Allen, Jennie 
kalAllen, May 

Adams, Sophia 

Armstrong, Lucy 

Armstrong, Lydia 

Andrews, Billie 

Andrews, Millie 
ne) Andrews, Ida 

Alfrey, John 

Alfrey, John (Leitch) 

Albert, Tony 



Brown, Dick Richard 
Brown, Carrie R. 
Bronche, Camille 
Bronche, Sophia 



Bicklett, Ruth 
Bronche, Charles 
Bronche, Charles 
Bronche, Mary Ann 



Bronche, Walter 
Bronche, David 
Bronche, James 
Bronche, Annie 



INDIANS AND THEIR LANDS 



77 



1ST CLASS 2ND CLASS 3RD CLASS 

Indians Entitled to Re- Rentals to be De- Minors and Non- 

ceive all Rentals. posited. competents. 

Bronche, Joseph, Jr. Bartlett, Charles Bronche, Edna 

Bronche, Sophia Davis Bartlett, Jane Bronche, Lizzie 

(Boyd), Rosa Tillier Brooks, Minnie Bartlett, Mary 

Bronche (Davis) Matilda Blackeagle, Joseph 

Blackeagle, James Norton Black Elk, George 

Boyd, Robert 

Bronche, Mary 

Bronche, Margarette 

Bronche, Prank 

Bronche, Mary Ann 

(Henry) Allottee 596 

Bronche, Thomas, Jr. 

Bronche, Amanda 

Bronche, Bessie 

Bredell, Noah 

Bredell, Dolly Y. Compo 

Beall, Thomas 

Bronche, Thomas, Sr. 

Bronche, Rosa 

Bronche, Edward 

Bronche, Louisa H. 

Bicklett, Samuel 

Bear, Annie 

Bronche, Lucy 

Brooks, Elizabeth 

Bear, Martha 

(Yellow Bear) 
Black Elk, Louise 
Bassett, Mary 



Corbett, Felix Corbett 
Corbett, Susie Reubens Compo, 



Corbett, Pierre 
Corbett, Elizabeth 
Corbett, William 
Corbett, Warren 
Corbett, Silas 
Corbett, Levi 
Corbett, Ellen 
Corbett, Edith 
Conditt. Jason 
Conditt. Jane 
Corbett, Paul 
Corbett, Julia 
Corbett, Priscilla F. 
Conditt, Homer 
Corneluus 
Cornelius, Martha 
Craig, Mary 
Craig, Elizabeth Grace 
Craig, Minnie Christina 



Peter 
Ellen 
Corbett, Darwin 



Carl, Ip nahtom 
hote 



Corbett, 
Corbett, 



Kentuck 
Agnes 



Corbett, Amos 
Corbett. Jimmie 
Compo, Jospeh 
wa Carter, Cecelia 
Corbett, Jones 
Corbett, Amos 
Corbett, Albert 
Corbett, Aggie 
Craig, E na hap ee 



78 



LAWS AND REGULATIONS 



1ST CLASS 2ND CLASS 3RD CLASS 

Indians Entitled to Re- Rentals to be De- Minors and Non- 

ceive all Rentals. posited. competents. 

Coyotte 
Compo, Billy 
Compo, Mary 

(Ky way puts) 
Carter, Julia Norman 
Carter, Caleb 

(Ip nah sau lah kaskt) 
Conner, Edward J. 
Complainville, Lilly 
Corbett, Paul 
Corbett, Lizzie 
Corbett, Emma E. 
Corbett, Annie 
Corbett, Lucy 
Carter, Mary 
Compo, Frank 
Cutnose, John 
Corbett, Annie 
Carl, Tom 
Ch ah wah 
Corbett, Jane 
Cloud, Benjamin 

Davis, Benjamin H. 
Davis, Mary 
Davis, Jesse 
Damion, Ne stee kus 
Damion, Annie 
Davis, Susan 
Doumecq, John 
Dolittle, James 
Dickson, James 
Davis, Captain 
Davis, Julia 
Davis, Joseph 
Davis, Hattie 
Dog, John 
Duck, Andrew 
Davis, Charlotte 
Davis, Sam 
Davis, Elizabeth 
Davis, James E. 
Daniel, Lydia 
Daniel, "William 
Davis, Phebe 
Davis, Wilson 

E we nun my 
Ellenwood, Eva Lott 
Evans, Agatha 
Evans, Joseph 
Evans, Thomas 
Evans, Rosa May 



Davis, Billy Davis, Esther 

Dickson, Matthew 
Dickson, Jennie 

tin 



Ellenwood, Joseph Ellenwood, Jessie 
E lah otwah tes, Edgar Ellenwood, Hattie 
Ezekiel, Nancy Ezekiel, May 

Eneas, Ignace Eneas, Edna 

Eneas, Mary Ann Eneas, Joseph 

Eneas, Paul Eneas, James 



INDIANS AND THEIR LANDS 



79 



1ST CLASS 
Indians Entitled to Re- 
ceive all Rentals, 



2ND CLASS 
Rentals to be De- 
posited. 



3RD CLASS 
Minors and Non- 
competents. 



Ezekiel, Delia 
Elk, Pak tilkt 
E lute pa an yen 
Edward, Charlotte 
Edward, Harry 
Edward, Nancy 
Ellenwood, Hannah 
E yah lah wah tson my 
Ellenwood, Lily T. 
Ellenwood, Thos. Crooks 
(John C. Ellenwood) 
Ellenwood, Rebekah 
Eugene, Mary 
E 5^ah tan my 
E yah tan my, Nancy 
E you stemed, Nema 
Ezekiel, Jeanette 
Eneas, Carrie 
Ewe ton my 
E lul mart 



Edwards, Louis 
E mon tsae kan ma, 

Fannie 
E la wah win my 
E nah lunkt, Henry 
Elah kakt 



Frank, Sam Fleming 
Fogarty, Louisa A. 
Fogarty, Agatha L. 
Fogarty, Clydena 
Frank, Lizzie 
Fairfield, Innes 
Fairfield, Minnie 
Fairfield, Ida 
Fairfield, Abbie Seeds 
Five Crows, Benjamin 
Frank (Hoo soos e Kap- 
sis 

Frank, Olive 
Frank, Johnny 
Fogarty, Andrew 



Gould, Peter 
G-addy, Josephine 
George, Milton 
Gould, Hattie 
Grant, James 
Grant. Nellie 
Grant, Annie 
Grant, Abel 
Guthrie, George 
Guthrie, Eugenia Jessie 
Green, Elizabeth Frank 
Grant, Jane 
George, Amos 
Grant, Maggie 



Gould, Amanda 



George, Hattie 
George, Lottie 
George, Charles 
George, Edna 



80 



LAWS AND REGULATIONS 



1ST CLASS 2ND CLASS 3RD CLASS 

Indians Entitled to Re- Rentals to be De- Minors and Non- 

ceive all Rentals. posited. eompetents. 

Hines, Lizzie He yume tune my Hayes, Edna 

Hi yi tam moon, Frank Hayes, Axtell Hayes, Noah 

Hayes, Alexander Hill, Thomas Hayes, Titus 

Hayes, Harry He yume ke yume myHayes, Joseph 

Hayes, Lizzie Han yeen Havird, Annie 

Hayes, James (Rev.) He mah kae tsat wy Havird. Walter 

Hayes, Fanny B Hill, Ellen Hill, Lucy 

Hayes, Nettie (Thomas) Hill, McCoy He yume sap lu 

Hayes, James Henry, James He yume wish likt kow 

Holt, Mary Jane Henry, Alice 

Hoyt, Daisy Henry, Jane 

He yume te til pin my (Allottee 412) 

Harsche, Julia Hudson, Phoebe 

Harsche, Adair He yume yone my, Susie 

Hill, Tom Hoonah, Solomon 

He yume we yo tsan my 

He yume yip tin 

Halfmoon, Charles 

Halfmoon, Jeanette 

Halfmoon, Mary 

He mo ye kar tsat, Julia 

Henry, Mrs. Noble 

Henry, Joseph 

Henry, John 

Henry, Benjamin 

Henry, Frank 

Henry, Ella 

Henry, Jane 

(Allottee 647) 

(Mrs. Win Smith) 
Hart, Thomas 
Hoyt, Johnson 
Hayes, Andrew 
Henry, Samuel 
Halfmoon, Otis 
How-to-ta-ie 
Hoyt, Julia 
Hines, Benjamin 
Higheagle, Antoine 
Hatyerwin ny (Etta) 
Hudson, Jennie 
He yume ta ke tak kit 

Emma 
Hayes, Annie 
Hezekiah, Elizabeth 
He yume te la kar tsat 
He yume la son my 
Hill, Mariah 
He yume wa ke mal its 
Hines, Susie 
Horn, Lucy 



INDIANS AND THEIR LANDS 



81 



1ST CLASS 2ND CLASS 3RD CLASS 

Indians Entitled to Re- Rentals to be De- Minors and Non- 

ceive all Rentals. posited. competents. 

Hines, Eunice 
Halfmioon 

Halfmoon, Elizabeth 

Ip na so wat on my, I yets pah lo tson my 

Mrs. Tom Ip pa lee kit tsis kun 

lis wa tson my I yah tow pa likt 

Ip na tak koo pin Ip nah tah mow ta lote 
Is tah ma tin, Thomas l p now yah tah mo tson 
Its se kar son my my 
Ip narp tah yah ne pots 
Iah lote kikt 
Ip nah sah pah yah le 

ka son my 
Ip na mah wats 
Im ma ton my 
Its tot kar yai 
111 sto we nun my, 

Esther 
Ip mot kine, Emma 
Ip nah ta mo ta likt 
Is ma h meh poo 
Ip nah sah pah yahtal 

te pon my 
Im-la-le-ka-son-my 
Ip na we tote pots, Joseph 

Jackson, Grover C. Jackson, Paul Jefferson, Eddie 

Johnson, Abraham James, Jesse W. Jabeth, Harrison 

Johnson, Mary Jack hop, Isabel Jabeth, Susie 

Jackson, Charles Johnson, Julia John, Annie 

Jonas, Jeanette William Johnson, Lena John, Agnes 

Jackson, William 
James, Robert 
James, Julia 
Jackson, Jennette 
Jabeth, Sarah 
James, Too ye hin 
John, Nancy 
Jonas, Mary Reuben 
Johnson, Wati wati how 
lis 

Johnson, Lizzie 
Jorum, Me sa me 
Jonas, Hannah 
Jackson, Ellen 
Job, Delia 
Jabeth, Nathaniel 
John, Moose M^oose 
Jehu, Phillip 
James, Wet yat mas yah 

won yah won 
Jackson, Jane 



82 



LAWS AND REGULATIONS 



1ST CLASS 2ND CLASS 3RD CLASS 

Indians Entitled to Re- Rentals to be De- Minors and Non- 

ceive all Rentals. posited. competents. 

Johnson, Alb£Jt 
(Is-kit-soo-tse-moo- 

tse-moo) 
Jonas, William 



Kip kip pal e kan, Ellis Ke ma stem Kip kip pal e Kan. 

Kip kip pal e kan. Ke napes Elias 

Harrison Kentuck, Moses 

Ky way puts, Moses Kow tu likt 
Ky way puts, Christina Kar la tose 
Kah lu la son m,y 
Kentuck, Joe 
Koose ta ka nin 

(James Powers) 
Ka koot see 
Koo muse su ta sim 
Kane, Mary 
Ko tsum nee 
Ko tson my, Lula 
Kol kol hta me, Stephen 
Kane, Matilda R. 
Kane, John 



Lookingglass, Cornelius 
Lookingglas,s David 
Lowry, Nancy 
Lowry, Dolly 
Lowry, Jennie 
Lawyer, Annie 

(Dau. of John) 
Lawyer, Joseph 
Lott, Ellis 
Lott, Harrison 
Lawrence, Phoebe Nel- Lah pew tah lah nah 

son Lincoln, Margaret 

Lemion, William Lowry, Lizzie 

Lowry. Phoebe Lights, Willie 

Lowry, Mabel (or Willie George) 

Lindsley, Peter 
Lindsley, Nancy 
Lindsley, Charles 
Lott, Fred 
Lott, Jennie 
Luke, Pah kah yot we 
kin 

Luke, Annie 
Lewis, James 
Lewis, Julia C. 
Lindsley, Robbins 
Lindsley, Amelia 
Lookingglass, Henry 



Lowry, Mary 
La kol le kin 
Lindsley, Thomas 
Lindsley, Agnes 
Luh house. George 
Lawyer, Amy 
Lawyer, Lizzie 
Little, Charles Wesley 
Lowry, Felix 
Lawrence, Osias 



Leitch, Mary 
Leitch, Josephine 
Lowry, Naomi 
Lindsley, Mark 
Lindsley, Jane 

(Allottee 381) 
Lindsley, Lillie 
Lott, Nathan 
Lee le k 0 lum 
Lowry, Madeline 



INDIANS AND THEIR LANDS 



83 



1ST CLASS 
Indians Entitled to Re- 
ceive all Rentals. 



2ND CLASS 
Rentals to be De- 
posited. 



3RD CLASS 
Minors and Non- 
competents. 



Looking-glass, Mary 
Lookingglass, Benjamin 
Lawyer, Annie 
Lookinglass, Susan 
Lawyer, John 
Levi, Matilda 
Lowry, John 
Lott, Laura 
Lett, John 
Lindsley, Dorcas 
Lah kah 
Lott, Samuel 
Lewis, James 
Lawyer, Corbett B. 



Mit me we kar tsat 

Charlotte 
McFarland, Rebekah 
Moody, Rebekah 
McDonald, Amos 
Morris, Sam, Jr. 
Matt, James 
Moffet, Sarah 
Moffett, Mariah 
Moffet, Ellen 
Miller, Sarah 



Mark, Mary 
Mox miox, Epah likt 
Mah toe no, Maria 
Moo toe 
Miller, John 
Malliken, Ellen 
Miller, Moses 
Minthorn, James 
,Mox mox, Tom Henry 
Moody, Samuel 
Minthorn, Robert 



M a tsa yo pa hat, LizzieMiles, Mary Penny 



Matthew, John 
Moses, James 
Moses, Lillie 
Mat tuge, Alice 

(Lawrence) 
McFarland, Jeanette 
McFarland, Phillip 
Malliken, Eugene 
McAtty, Walter 
McAtty, Sophia 
Moody, James 

(A lew yah kikt) 
Moody, Susie 
Minthorn, Lucy 
Moody, Hattie 
Milly (Im ne wah kin 

my) 
Mick so no 
Maxwell, Matilda 
McFarland, Francis 
Moody, Andrew 
Moody, Jane 
Moody, George 
Moore, James 



McConville, John 
vMoses, James, Jr. 
Moses, John 



McConville, Susie 
McConville, Rose 
McFarland, Archie 
McFarland, Nellie 
McFarland, John 
Memelch, Jones 
Minthorn, Aaron 
McConville, James 
Moore, May 
Miller, Dorcas 
Miller, James 
McAtty, Adelia 
McAtty, Jane 
Moody, Charles 
McDonald, Katherine 



84 



LAWS AND REGULATIONS 



1ST CLASS 2ND CLASS 3RD CLASS 

Indians Entitled to Re- Rentals to be De- Minors and Non- 

ceive all Rentals. posited. competents. 

Montieth, Moses 
Montieth, Mary 
Montieth, Celia 
Montieth, Jeremiah 
Montieth, Mary 
Montieth, Annie 
Montieth, Lillie 
Moffet. Maria 
Mis te not 
Matthews, Agnes 
Morris, Alexander 
Morris, Julia Nelson 
Morris, Phillip 
Mox Mox, Peter 

Morris, Martha 

(Ellenwood) 
Moffiit, Daniel 
Moffitt, Stephen 
Moffit, Harry 
Moffiit, Lilly 
McCormick, Joseph 
Moore, Albert 
Moore, Thomas 
Moses, Albert 
Miles, John 
Miles, James 
Miles, Charles 
Miller, Susan 
Miller, Mary 
McFarland, David 
McAtty, Caleb 
McAtty, Ellen 
McFarland, Wa win 

atwy (Nora) 
Matthew, Ta ma lu sim 

likt 

Matthew, Simon 
Meek, Joseph S. 
Meek, Stephen A. 
Morris, Samuel (Sr.) 
Morris, Annie Corbett 
Morris, Nettie 
Moody, James 
Meek, Lenora 
Maxwell, Starr Jacob 
Maxwell, Mary Wilson 
Minthorn, Annie 
Minthorn, John 
Me tie yet 



INDIANS AND THEIR LANDS 



85 



1ST CLASS 
Indians Entitled to Re- 
ceive all Rentals. 



2ND CLASS 
Rentals to be De- 
posited. 



3RD CLASS 
Minors and Non- 
competents. 



Newton, Abel 
Nesbit, Allechin 
Newhard, Jennie M 
Ninsath 

Newhard, Charles 
Newhard, Olive 
Newman, Lydia Whitman 
Newton, Agnes 
Nicodemus, Lucy 
Nesbit, Effie Daniels 
Nesbit, Carrie 
Nots-keum, Cornelius 
Newhard, Courtney 
Newhard, Victor 
Nesbit, Mabel D., or 
(Mabel Nesbit Halfmoon 



Notes no 

Nicodemus, Simon 

(Datchky) 
Nesbit, Harriet 
Ne kat ton tine 
Nartk 



Newman, Edna 
Nicodemus, Peter 
Nicodemus, Willie 
Newton, Fannie 
Nocks- kown, Josiah 



Op tson ne Oo yah ma 
Oo tsotz te wa tat 

Parsons, Apollis Pet you tson my 

Pe lah wah tsan my Phinney, Pitch 

Pitts steen Phinney, Leander 

Parsons, Peter Pe ku nen mue 

Parsons, Maggie Pe tu me ya non 

Pe we yah tah mah lipt Py nah win my 

Pop sto we kar tsat, p e na we nun my 

Elizabeth pn e of Clouds 

Pop sto we kar tsat pit you stun my 

Penny, Elizabeth Sr). Pe me ke out 

Powers, Thomas Pe yel ip ath 

Parsons, Jude Pablo, Mary 

Pinkham, Elizabeth p e na tal wa tson my 

Pinkham, Emma p e la likt kartsat 

Pinkham, Louisa p e lo tson my, Cecelia 

Pe yah neep tah p e na ta la la sa san my 
Pe tal wa na nikt, Marj 
Pe tin nitz 
Penny, Ida R. 
Pe la ta ya kot, Jane 

Pet al we ta lute, Susie 
Py nae kat 
Par tinz 
Parnell, Mary 
Phinney, Mary L. 
Phinney, Mary 
Phinney, William 
Porter, Lillie Phinney 
Porter, Nellie 
Porter, Harriet 
Par kar la pykt, Jane 



Pah kau la sim likt 
Pablo, John 
Pablo, Sam 
Phinney, Walter 
Phinney, Clara 
Pet yal lone my 
Pinkham, Alex 
Pnkham, Lillie V. 
Pinkham, Joseph E. 
Pole, Edward 



86 



LAWS AND REGULATIONS 



1ST CLASS 2ND CLASS 3RD CLASS 

Indians Entitled to Re- Rentals to be De- Minors and Non- 

ceive all Rentals. posited. competents. 

Pee wan nan halt pa wit 

Pe tsak kin 
(Joe Altman) 

Peo peo yo war cos 
(Clayton Dickson) 

Pliter, Mollie 

Par kar la pykt, Ed- 
ward 

Pond, Rachel W. 

Pond, Elias 

Pond, Annie 

Parsons, Robert 

Parsons, Emma Wil- 
liams 

Penny, George 

Peo peo tah likt, 
George 

Penny, Benjamin D. 

Penny _ Elizabeth 

Penny, Rachel (Arthur) 

Parsons, Carrie 

Parnell, Annie 

Parsons, William 

Parsons, Mary 

Parsons, Fannie 

Parsons, Justin 

Parsons, William, Jr. 

Paul, Jesse 

Paul, Lydia Oonditt 

Peterson, Joseph 

Peterson, Sophia 

Pliter, Peter 

Pinkham, John 

Poweke, Henry 

Poweke, Alice 

Foweke, Amos 

Poweke, Ellen (Kane) 

Powers, Frank 

Parsons, James 

Pe-na-wan-na-ni- 
kin-my 



Red Duck, Sophia 
Red Duck, Nelson 
Red Duck, Leo 
Red Wolf 
Red Bear, Susie 
Red Heart, Mary 
Reuben, John 
Rebecca (Its tiks) 
Raymond, Lucy 



Rankin, William 
Rankin, Tom 
Rankin, Ruth 



INDIANS AND THEIR LANDS 



87 



1ST CLASS 
Indians Entitled to Re- 
ceive all Rentals. 



2ND CLASS 
Rentals to be De- 
posited. 



3RD CLASS 
Minors and Non- 
competents. 



Roland, Walter 
Reubens, Cecelia 
Reubens, Sophia Moore 
Reubens, Stephen 
Raboin, Edward, Jr. 
Raboin, Edward 
Raboin, Alice 
Redwolf, Josiah 
Raboin, Luke 
Raboin, Mary, 
Red Wolf, Frances 
Raboin, Laura 
Raymond, George 
Raymond, Mary 
Riley, Mrs. Olive M. 
Riley. Jennie 



Spaulding, Sampson 
Sampson, He meen e 

lah ne 
Seth, Conley 
Scott, David 
Scott, Julianna 
Scott, John 
Samuel, Lydia 
Samuel, Fannie 
Seven, Lucy 
Stephen, Lizzie 
Stephen, Al met 
Samuel, Silas 
Samuel, Agatha 
Simpson, Agnes (Rose; 
Spatulding, Julia 
Sheldon, Annie 
Spaulding, We yot wy 
Spaulding, Charles 
(James) 
Seth (E you kar sin hy 
hih) 

Smith, Sampson 
Smith, Priscilla C. 
Scout, Ellen C. 
Samuel, Kit so wat 
Samuel, Lucy 
Stwyer, Emma L. 

(Emma Lindsley) 
Spaulding, Thomas 
Samuel, Kesiah 
Smith, William (Simp 

son) 
Stuart, James 
Stuart, Harriet 
Samuel, Nathan 



Samuel, Mary 
Spencer, Johnson, Jr. 
Samuel, Timothy 
Slickpoo, James 
Slickpoo, Julia 
Sap niss 
Sam, Susie 
Samuel. Martha 
Sam, Emma Lindsley 



Stephen, Louisa 
Stephen, Annie 
Slickpoo, David 
Samuel, Peter 
Samuel, Julianna 
Slickpoo, Samuel 
Sheldon, Walter 
Sheldon, Thomas 
Scout, Sam 
Smith, Katie 



88 



LAWS AND REGULATIONS 



1ST CLASS 2ND CLASS 3RD CLASS 

Indians Entitled to Re- Rentals to be De- Minors and Non- 

ceive all Rentals. posited. competents. 



Smith, William 
Smith, Lydia Ann 
Samuel, George 
Samuel, Lula 
Stephens, Charles 
Stephens, Amelia Miller 
Spencer, Erne Mrs. Ed. 

Par ka la pykt) 
Stwyer, George 
Stwyer, Elinor 
Seven, Jack 
Seven, John 
Seven, Mary 
Sah lah ta mo hi hyh 
Slickpoo, Peter 
Slickpoo, Julia 

(Allottee 724) 
Slickpoo, Paul 
Smith James, alias 

Sam Ellenwood 
Sheldon, Arthur 
Stephens, Jeanette 
Sheldon, Albert 
Seth, Delia 
Scott. Julia 
Samuel, Alexander 
Spalding, Julia 
Samuel, Louis 
Shinn, Joseph 
Scott, David. Jr. 
Simpson, Maud 
Sheldon, Laura 

(Latura Ingle) 
Settler, Joseph 



Tsam kin 

Tul ma nun my 

Tsa yah y 0 yi 



Til timt Tah mow yah 

Ta wen ta yah kone myTse you 



ap 



To he yin, Alexes 



Tsuchs pah loo (James) To he yin, Johnson 

Ta mo tsan my, Theresa Tom lah 

Tul te yukt Ta ya ats 

Tse lau te yeh me witThompson, Hugh 



To e yah win my 
Tow ti 

Tso tal ya la tet 

Tu ka, ya lakt, Moses 

Tah mah we nun my 

Tcharley 

Te kas poo 

To ih le wai ma 

Three Feathers 

Tul te yekt 



Ta tah we tah lote 
Tsits koop 
Tok toe tson my 
Tuck kar ka oukt 
Tsah la tah mo was was 

no, Josiah 
Ta hum li ki ma, 

Elijah 
Te la kesa, Mary 
Te la kesa, Charles 



Tim tim me la kin 
Ta ba boo. John 
Ta math 

Types, May (Bosco) 

Thompson, Joe 
Tse you 

Tababoo, Jimmie 



INDIANS AND THEIR LANDS 



89 



1ST CLASS 
Indians Entitled to Re- 
ceive all Rentals. 



2ND CLASS 
Rentals to be De- 
posited. 



3RD CLASS 
Minors and Non- 
competents. 



Tse tat pat Tah harts, George 

Tam na kat kat, Helen To na nun, Annie 



Tok ta kee ko tsat 

Martha 
Thomas, Sophia 
Tes la wood 
Types, Mary 
Ta weg was hykt 

Charley 
Tababoo, Curry 
Thompson, Titus 
Thompson, Mary 
Tu kar seh i yet 
Ta mul we non my 
Tah le ne ka tan win 

my, Matilda 
Thomas, Mary Ann 
Te ta pil ma 
Tse la, Jack 
Ta le nikt 
Ta ne kama 
Te we wa tson my 
Thomas, Elizabeth 
Ta lah hots wal, Tom 
Thomas, Beatrice 
Ta mo pon my 
Tel lu way ma 
Ti lop its 
Tuh tuh hoon 
Ta moltz ta kae ka won 
Tah mah tip yah lote 
Types, Thomas 
Te we ton my 
Timothy, Maggie 
Thompson, Mary 
Tomsis, Joseph 
Tomsis, Jane 
Te wit ku e tat, Joseph 
Tsa til tilp, Prank 



Ta ow sin 
Te we talkt 
Tote sy yume 
Ti-tin-he-neen-kyie 
(Te-teen) 



Tillier, Cecelia 
Tillier, Clarfost 
Tilden, Samuel 
Tol-yaukt 
Tillier, Esther 
Tam-a-likt 
Tah-wa-toy, Ida 
Tul-te-yukt, Mary 



Viles, Lillie 



Um le leets 



90 



LAWS AND REGULATIONS 



1ST CLASS 
Indians Entitled to Re- 
ceive all Rentals. 

Wa win art 
Way star ne nikt 
Wolf Hemen 
Wa ya in ne wit, Alice 
Wa koo peen 
White Bull, Mark 
We ya ta na toe ta lote 
Woolar wa non my 
William, Lucy R. 
Wilkinson, Amos 
Whitman, Lillie 
Whitman, Samantha 
We yah tal wa tson my 
Whitman, Simon 
Williams, James 
Williams, Dolly 
Wah i yah poo, John 
Williams, Camille 
Williams, Lucy M. 
William, John 
White, Eliza 
Wa win wa tsan my 
Whitman, Martha 
Williams, Emma 

(Mrs. Robert, Jr.) 
We ke takt 
Wet ters lar arm nin 
War win way non my 
We ya ta, na ha yakt 

(Wa leem leeks) 
We ya yo yikt 
Williams, Wm. M. 
Williams, Luke 
Williams, Emma 
Wheeler, Phillip (alias 

Phillip Williams) 
Wheeler, Mialinda 
Wheeler, Martha 
Wah wo not, Ellen 
Whitman, Sophia 

Thomas 
Whitfield, Matthew 
Wah lah tson my 
Wheeler, Elizabeth 
Wheeler, Emily 
Whitfield, Lucy 
Whitfield, Elmer 
Walker, John 
Walker, Mary Williair 
Walker, Jerome 
Wilson, Sam 
White, Alice 
White, Charles 



2ND CLASS 
Rentals to be De- 
posited. 

Winters, Lucy 
We yauts kone my 
Wa lot kik how win 
We nun ta kar nin, 

Edward 
We non my, Emma 
Wat tes ain 
W e none my 
Williams, Amos 

(Cowhide) 
Wa pa tots, Mary 

Wo lots Wees star skot, Emma 

We tses tsa Wees star skot, Leo 

Wil keets poo Wees star skot. Willie 

Wilson, Isaac 
Wa win te tone my 
Wa tes tits ka nin 

Web tes nute, ChaHeyWilliams, Susie 
Williams, James Williams, Daniel 

Wilson, James 
Wilson, Kate 
^Walker, John 
Williams, Abel 
Williams, Amos 
Weets tah kin, David 
Wah lon e my 
We yah tut we non my 
Wa na poo, Ellen 
iWe ya tsa kaum, Jacor 
Wal ma hoe tsute, 

Charley 
We yah lah home 



3RD CLASS 
Minors and Non- 
competents. 



Wap tose note 
Wep tse ma 
White Bull, Willie 
W 0 la lipt 
Williams, Jonas 
Wilkinson, Irene 
Wilkinson, Cyrus 
Whitman, Rosa 
Williams, Simon 
We yas kay set, 

George 
Wees star skot, 
Wees star skot, 
Wees star skot, 
Williams, Edward 
White, Joseph 
Williams, Rachel 



INDIANS AND THEIR LANDS 



91 



1ST CLASS 2ND CLASS 3RD CLASS 

Indians Entitled to Re- Rentals to be De- Minors and Non- 

ceive all Rentals. posited. competents. 

White, Nat 
White, Jean 
Williams, Maggie 
Williams, Ellen 
Waters, Jonas 
Waters, Louisa 
Wiiber, Jim 
Wilber, Sally 
Webb, Edward 
Webb, Charles 
Williams, Tom 
Wheeler, William 
Wa tes ta, tol ku likt, 

John 
Wheeler, Harry 
We-yah-tul-we-nun-my 
Whitman, Silas 
White, Nettie 
White, Alice 
White, Guy 
Way leem leeks 
Wilson, Mary Lucy 
Williams, Charles 

Yoe hoe we nun my 
To ho e 

Yah yakt wa tson my 
Yellow Bull 
Yelmis 

Yo hoy ye wit a how 
lee ne kin, Johnnh 

Ze loon was 




Laws and 
Regulations 



Relating to 



Indians and 
Their Lands 



PUBLISHED BY LEWISTON 
PRINTING & BINDING CO. 




Compiled by Oscar H. Lipps 

Supervisor of U. S. Indian Service 



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